Retratação na Lei Maria da Penha: um estudo psicossocial

Abstract

The present research is inserted in the field of Social Psychology and Psychosocial Processes; studies the phenomenon of retraction, which is the faculty provided in Law 11.340 / 2006 - Maria da Penha Law to the offended woman to renounce the criminal representation once offered on the alleged perpetrator. It has as theoretical and methodological support the socio-historical perspective. The objective is to analyze the meanings/meanings of retraction for women who renounce the criminal representation of lawsuits in the Domestic and Family Violence Court against Women in Maceió. Specifically, we propose to: describe the psychosocial context of women who require the retraction of the criminal representation; identify the elements of permanence and rupture present in the forms of significance of the retraction of the criminal representation; to point out, if there is one, the distinctions of meanings/meanings presented for the retraction of the criminal representation between the cases in which the breakup of the relation was chosen and those cases in which there was continuity of the relation; understand the meanings/meanings for women of the impossibility of expressing the retraction of the criminal representation in cases in which it is not available to them because it is an unconditional public action. In order to do so, two steps were taken: 1) the analysis of documents (offices or reports) produced between January 2014 and December 2015, by the multidisciplinary team of the Judge of Domestic and Family Violence against Women of Maceió, to record the allegations made by women who sought this court to request the retraction of the criminal representation in the individualized care performed by this team, proposing a comparison between the two years; 2) the performance and analysis of semi-structured interviews with women who attended the Domestic and Family Violence Court against Women of Maceió, from April to June 2016, expressing the desire to retraction of the criminal representation and whose occurrence that led to the process in pending was typified as a bodily injury. From the Analysis of Thematic Content, we identify categories from the grouping of the forms to signify the retraction of the criminal representation present in the documents analyzed, namely: 1) disengagement of the aggressor; 2) the family first; 3) external pressures and 4) disinterest in the judicialization of the issue. We conclude that categories appear to be elements of permanence, indicating a fossilized force of the determinations that constitute the meanings/meanings of retraction from elements of a patriarchal culture, marked by the reproduction of relations of male domination and female subordination. As evidence of rupture, we identify changes in the exercise of co-parenting, in the search for sharing the responsibilities of the children in common, especially in the context of the separation of parties, for which we think about the contributions of legal changes and the feminist movement when questioning hegemonic patterns family relationships and division of sex roles in intrafamily relationships. In addition, we understand that the repercussions of the present study may contribute to the studies on the retraction of criminal representation in domestic and family violence against women, serving as a reference for research and intervention for law enforcement, the professionals, among them psychologists, who work in the multidisciplinary teams of Domestic Violence and Family Violence Against Women.