NEW TECHNOLOGIES IN ADDRESSING DOMESTIC AND FAMILY VIOLENCE AGAINST WOMEN: ACCESS TO JUSTICE IN THE DIGITAL AGE AND THE CHALLENGES POSED BY PATRIARCHAL CULTURE FROM THE PERSPECTIVE OF THE RULES OF THE GAME

Abstract

This article aims to analyze the use of new technologies by the Judiciary in addressing domestic or family violence against women. Initially, it seeks to contextualize the phenomenon of domestic violence and, subsequently, to examine the main digital technological resources adopted by the state courts of Brazil as instruments for expanding access to justice, especially with regard to the request, granting, and monitoring of protective measures provided for in Law No. 11,340/2006 (Maria da Penha Law). Article 226 of the Federal Constitution, as well as Law No. 11,340/2006, is analyzed in light of its relevance to the protection of second-generation human rights, particularly those related to substantive equality, human dignity, and the protection of women in situations of vulnerability, as well as the culture of patriarchy as rules of the game. Regarding methodology, the present research has a qualitative nature and an exploratory-analytical character, making use of the deductive method to examine the performance of the Judiciary in addressing domestic and family violence against women, especially through the use of new digital technologies. The analysis articulates the historical foundations of gender-based violence with the concepts of neo-institutionalism, treating patriarchy as an informal rule of the game. It is concluded that, although technological innovations represent an advance in judicial provision, the effectiveness of formal institutions (laws and technologies) is conditioned by the reduced enforcement of informal institutions (patriarchy). Thus, the Maria da Penha Law will achieve greater effectiveness to the extent that the formal institutional design prevails over the cultural legacy of male domination.