2024-09-162024-09-162024-04-03GONÇALVES, A. P. Resistências à aplicação da Lei Maria da Penha enquanto política pública - Mapeamento exploratório de resistências jurisdicionais ilegítimas e crítica hermenêutica. 2024. 202 f. Dissertação (Mestrado em Direito e Políticas Públicas) - Faculdade de Direito, Universidade Federal de Goiás, Goiânia, 2024.http://repositorio.bc.ufg.br/tede/handle/tede/13346This is research consisting of exploratory mapping of decisions mitigating the effectiveness of the Maria da Penha Law (LMP). This law is understood as a structuring norm for a broad and articulated public policy to curb domestic and family violence against women, which is made up of several axes. For the purposes of this research, the axis of confronting and combating violence will be the object of analysis, made up of punitive actions and compliance with the Maria da Penha Law, whose implementation is carried out by the Judiciary. The research has an empirical, qualitative and exploratory nature, and its main documentary source is legal proceedings that are being processed in jurisdictional bodies in the state of Goiás. The only time frame is the entry into force of the Maria da Penha Law, on August 7, 2006, as the research is interested in judicial decisions issued at any time during the validity of the aforementioned law, which can be identified as illegitimate resistance to the effectiveness of this specific axis of public policy, in which the following consequences are identified: non-protection of women, non-accountability of perpetrator or situations of secondary victimization. The selection criteria were identified in exploratory reading. To select cases, requests were made to all Domestic and Family Violence Public Prosecutor's Offices in the State and to the Specialized Constitutional Appeals Prosecutor's Office. Furthermore, some cases were mapped by the researcher herself. In total, the exploratory research identifies and analyzes 38 legal cases in which the phenomenon of illegitimate resistance to the full effectiveness of the LMP was outlined. The mapping carried out does not intend to be an exhaustive mapping, since the main objective of the research is to highlight situations of resistance from the judiciary to the LPM, without the intention of quantifying the total amount or frequency of these situations. Once the exploratory mapping was completed, we proceeded to the content analysis of the decisions, focusing on the analysis of the legal rhetoric used (analysis of argumentative strategies), based on the theoretical references of the Hermeneutic Criticism of Law and the Feminist Analysis of Law. The contribution of this research consists of the effective qualitative analysis of the content of decisions, from the perspective of such references, highlighting the reproduction of gender inequalities by the Judiciary, especially in situations of violence against women, and demonstrating, in detail, the illegitimate interpretations in judicial decisions, which resulted in restriction of the protective and responsible effect of the LMP. This mapping, through a critique based on consistent theoretical and dogmatic references, serves to give visibility to these bad jurisdictional practices (constitutionally inadequate decisions), allowing a better understanding and reflection on the effects of the actions of judicial bodies as actors implementing the policy public policy studied, which should act in conjunction and synergy with the objectives of this public policy. In the end, the illegitimate resistance and respective consequences for politics and victims were compiled in a Technical Note. This product will be sent to the institutions of the justice system involved in the judicial processing of domestic and family violence, as well as to associative entities, commissions and forums involved in combating domestic and family violence, for the appropriate and possible measures for eachAttribution-NonCommercial-NoDerivatives 4.0 InternationalPolíticas públicasLei Maria da PenhaHermenêuticaPublic policyHermeneuticsCIENCIAS SOCIAIS APLICADAS::DIREITODissertação