“Não tem coisa melhor do que você distribuir justiça!”. Poder e dominação masculina nas razões de decidir dos magistrados alagoanos nos crimes de estupro contra mulheres.

Abstract

This research had as its main goal, to understand how life histories of the magistrate are immersed in their way of taking decisions in the crimes of rape. From the interview with the judges, we can notice how their professional experience, and specially the personal ones, are embedded in their sentences and in their way of viewing the Law system. As a complementary methodological resource we analysed qualitatively, twenty-eight sentences of the crimes in question pronounced all throughout the State of Alagoas, in order to comprehend recurrence, change, and abidance within the verdict. We identified how the condemnations are built, using parameters not always current in Law. Against the empirical material, we made a relation existent between the path of the magistrate’s formation, adding their biographies, with the elements that support the decisions given by them. In that way, we understand that it is of fundamental importance to contribute on giving visibility to the reflection about how the social-legal formation of magistrates ratifies the conservative manner that, sometimes, inputs the responsibility on the victim for the crime they suffered. We inferred, then, that a system of categorization of women has historically conducted determined judicial decisions in crimes of rape, which in our point of view is strongly attached to the structuring androcentric view of contemporary gender relations.