INTEGRATION BETWEEN POWERS AS A WAY TO GUARANTEE THE EFFECTIVENESS OF LEGAL PRECEPTS THAT AIM TO ENSURE THE DEFENSE OF WOMEN VICTIMS OF DOMESTIC VIOLENCE

Abstract

Violence against women is one of the most persistent and complex human rights violations in our time, profoundly impacting the physical and psychological integrity of victims, their families, and society as a whole. Although significant advances have been made in the Brazilian legal framework, such as the enactment of Law 11.340/2006 (Maria da Penha Law), the rates of violence and femicide remain alarming, highlighting gaps in the effectiveness of public policies and the comprehensive protection of victims. This reality highlights the pressing need to understand how social structures, rooted in sexist patterns and gender inequality, contribute to the trivialization and perpetuation of this type of violence.

Recognizing the multifaceted dimension of the problem, which transcends the social and legal spheres to become a serious public health issue, this study aims to analyze strategies to address this phenomenon. In particular, the research focuses on the integration of powers and victim monitoring, seeking to identify the challenges and potential of the protection network. The geographic focus will be the state of Pernambuco, with special attention to the relevance of the Center for Strategic Information and Compliance with Court Orders (NIOJ). In this context, the general objective of this work is to analyze the integration between powers and the performance of specialized agencies, such as the NIOJ, in Pernambuco, as a way to guarantee the effectiveness of legal precepts aimed at ensuring the defense of women victims of domestic violence. To this end, the following specific objectives are pursued: To historically contextualize the status of women in Brazilian society and the evolution of understandings about gender-based violence; To describe the functioning and importance of the Center for Strategic Information and Compliance with Court Orders (NIOJ) in the system for combating violence against women in Pernambuco; To discuss the challenges and potential of interinstitutional integration in the protection and care network for victims of violence.

The academic and social relevance of this study is heightened by the researcher's professional experience as a court officer in the state of Pernambuco. Direct observation of the consequences of violence, the recidivism of perpetrators, and the ineffectiveness of certain public policies sparked the need to deepen understanding of the nuances of gender-based violence and the search for more effective solutions, especially regarding the protection and support of victims. This experience, combined with active participation in combating violence against women, motivated this research, seeking tools and knowledge that can contribute to improving the protection system and realizing women's rights. Writing a master's dissertation is a challenging academic endeavor. The path is lonely; however, equally challenging is facing a socially unfinished process, which does not end with the completion of the dissertation itself. When taking the phenomenon of violence against women as a basis, it is necessary to understand that the object in question is part of a dynamic process constructed socially, in which all parties involved are affected, whether in marital, family or social relationships, throughout my professional life I have followed paths aimed at defending the category, actively participating in the union of court officers of the state of Pernambuco and in the fight against violence against women.

It is clear that women still suffer from historical and socially rooted oppression, which manifests itself alongside class, race, and gender inequalities and is closely linked to crime, although it is not the only determining factor. Recidivism highlighted a problem that caught my attention and deserved answers through more careful study. Through research on the topic in question, I observed that the problem lies in the inefficiency of existing public policies. It was during this journey, in the search for tools and knowledge to support this study, that I realized the need to understand the actions being taken to address this segment of the population affected by domestic violence, as well as the main challenges faced by professionals.

Methodologically, the study is characterized by in-depth bibliographical research, covering literature on domestic violence against women, public policies, human rights, and the status of women in society. A documentary analysis of data and information regarding the actions of Pernambuco state protection agencies was conducted, focusing on the Center for Strategic Information and Compliance with Court Orders (NIOJ). This approach will allow for an understanding of the problem, from its historical and social roots to an analysis of the effectiveness of measures to combat it.

In addition to this introduction and concluding remarks, the dissertation is structured into sections. The first, entitled "Violence Against Women," presents a historical and conceptual overview of gender-based violence, exploring the trajectory of women's status in Brazilian society. Furthermore, it discusses the different understandings and forms of violence suffered by women, distinguishing between domestic and intrafamily violence. This section also addresses the consequences of this violence, including its impacts during and after the pandemic, concluding with an analysis of the network for combating violence against women in Pernambuco.

The second section, "International and National Measures for the Protection of Women's Rights: The Maria da Penha Law (Law 11,340/2006) and the Feminicide Law," will detail legislative developments, highlighting the Maria da Penha Law, and existing public policies to combat violence.

The third chapter, "The Integration of Powers and the Role of the NIOJ: A Case Study in Pernambuco," will explore the importance of interinstitutional coordination and the practice of the Center for Strategic Information and Compliance with Court Orders as a model for implementing protective measures and monitoring. Finally, the concluding remarks will review the main findings of the research, present the study's conclusions, and propose recommendations for improving the protection network and combating violence against women.

The study aims to answer the following research question: Considering the alarming rate of violence against women and femicide in Pernambuco, and the need to improve the effectiveness of public policies for victim protection and monitoring, such as the integration of government agencies and the work of specialized agencies, such as the Center for Strategic Information and Compliance with Court Orders (NIOJ), do these policies contribute to ensuring the protection of women victims of domestic violence in the state of Pernambuco?

RATIONALE

The research topic was chosen due to the increase in the number of cases of violence against women, especially during the COVID-19 pandemic, which affected various social classes. This significant increase in femicide cases sparked interest in further exploring the topic.

Official data reveals that the home, a family space once considered a place of protection and belonging to the feminine world, is becoming a place of great vulnerability, lack of love, and risk for women. Contrary to common sense, research shows that the least safe place for a woman is her own home. This data reiterates that a woman's risk of being assaulted in her home by her husband/partner, ex-husband/partner, is nine times greater than that of suffering violence on the street. (SAFFIOTI, 1997)

To understand this scenario, it is necessary to briefly contextualize the socio-historical constructions regarding the social roles assigned to women and men, which demarcate social relations in the private and public spheres. Furthermore, addressing the relevant legislation and the integration of powers to combat and prevent domestic and family violence is essential for the development of this topic.

Achievements in the workplace, for example, place women in a field of domination that recognizes their labor force but fails to promote pay equity. Beyond the exploitation present in the labor market, another aggravating factor exists in the home environment, since housework and childcare are not shared, corroborating the logic of patriarchy. Patriarchy is understood as a set of ideas and norms guided by male domination; that is, power is culturally attributed to men in family and public relations.

From this perspective, throughout the development of this study, the focus is on violence against women, which violates Fundamental Human Rights and compromises a country's social development. The integration of powers as a way to ensure the effectiveness of legal precepts aimed at protecting women victims of domestic violence is also highlighted. The Strategic Information and Court Order Enforcement Center Project in the State of Pernambuco presents an innovative proposal that seeks to reduce the frightening situation that permeates the lives of many women in our state.

To this end, this dissertation is composed of four chapters, organized as follows.

THEORETICAL BASIS – Composed of 4 (four) categories, where we have a view on the scope and complexity of the problem, and the need for integration of powers as a way to guarantee the effectiveness of legal precepts that aim to ensure the defense of women victims of domestic violence, public policies for monitoring victims, as well as the Project of the Center for Strategic Information and Compliance with Court Orders in the State of Pernambuco, as well as the central analysis of this dissertation, addresses the role of government agencies, the response network and the relevant legislation. 

METHODOLOGICAL APPROACH – The methodological approach that guided the study is presented. The research context and methodological procedures used are described. Research seeks to build and organize knowledge, guided by the interests and theoretical affiliations of each researcher. The way the research is conducted and the methods employed can lead to diverse results. This work, therefore, aims to contribute new knowledge on the topic of domestic violence. To this end, it presents investigations from the perspective of integration between the powers as a way to guarantee the effectiveness of legal precepts aimed at protecting women victims of domestic violence and the emergence of the Strategic Information and Compliance with Court Orders Center Project in the State of Pernambuco.

DISCUSSION – The current set of public policies to address the issue under study highlights the need for joint action by the various sectors involved (health, public safety, justice, education, social assistance, among others) to propose actions that: deconstruct inequalities and combat gender discrimination and violence against women; intervene in the sexist/machista patterns still present in Brazilian society; promote women's empowerment; and ensure qualified and humane care for women in situations of violence. It is worth emphasizing that monitoring policies to address violence against women is essential—that is, the systematic evaluation and monitoring of all actions developed in the areas of prevention and combating violence against women; and in the assistance and guarantee of the rights of women in situations of violence.

RESULTS – This chapter aims to describe and analyze the data collected during the research in detail, ensuring the analysis of all elements obtained within the timeframe used for data collection, extracted from sources such as official documents and published articles.

FINAL CONSIDERATIONS – The study concludes that, in fact, enormous progress has been made regarding the issue of domestic violence. However, much remains to be achieved, as the existing protection offered to victims is still insufficient, and monitoring of the perpetrator needs to be expanded. Similarly, the innovative proposal of the Center for Strategic Information and Compliance with Court Orders (NIOJ) of the TJPE needs to be expanded and reach all municipalities in the state of Pernambuco to ensure its effectiveness reaches all victims and thus achieve the proposed objectives. Furthermore, it was found that integration between the branches of government as a way to ensure the effectiveness of legal precepts aimed at protecting women victims of domestic violence requires further expansion and joint effort, as this integration remains tenuous.

1.1. OBJECTIVES

1.1.1 GENERAL OBJECTIVES

Analyze the integration between the branches of government as a way to ensure the effectiveness of legal precepts aimed at protecting women victims of domestic violence and the Center for Strategic Information and Enforcement of Court Orders in the State of Pernambuco.

1.1.2 SPECIFIC OBJECTIVES

Describe the historical and social aspects of violence against women;
Characterize the forms of violence against women, their physical and psychological consequences;
Detail the legal system that aims to protect women victims of domestic violence in Brazil and the importance of supporting victims of violence against women. Detail the Emergence of the Strategic Information Center and Compliance with Court Orders Project in the State of Pernambuco.