Dispositivo patriarcal de violência jurídica contra a mulher: o caso Mariana Ferrer
Nenhuma Miniatura disponível
Data
2023-06-02
Autores
Título da Revista
ISSN da Revista
Título de Volume
Editor
Universidade Federal de Goiás
Resumo
This research has found and related the lines between patriarchy, dispositif, and
legal violence in Brazil. For this, we analyzed the discursive events of the
Mariana Ferrer Case, a rape trial. This case has become notorious for Brazilian
feminist and legal history due to three reasons: i) in 2020, The Intercept Brazil
website published an article about the harassment suffered by Mariana Ferrer
by Cláudio Gastão, defense lawyer for André Aranha; ii) for the justification of
acquitting the defendant for “unintentional rape” by Judge Rudson Marcos and
iii) for the creation of the Mariana Ferrer Law (14.245/21) which aims to restrain
legal harassment of the victim during a legal audience. In this way, we used the
following question that motivated the research: is legal violence against women
a type of strategy made possible by the functioning of a patriarchal dispositif,
which models and re-elaborates subjectivities asymmetrically through practices
and discursive battles around of power, knowledge and foci of resistance which,
in turn, have the function of calibrating and reorienting the lens and the exercise
of this dispositif? In order to answer our question, we resorted to empirical
material generated through internet searches on the Mariana Ferrer Case. We
used two audiences available on the internet (cf. DESINTERCEPT, 2020;
ESTADÃO, 2020) and two other videos that together sum up to more than five
hours of audiovisual material through which we produced 27 analytical excerpts.
From the typographic material, we used several discursive genres: tweets,
posts, judge's sentence, Bill 5.096/2020, among others. From these, we
produced 17 excerpts. The generated material is complex and heterogeneous.
For justification, we used the notion of patriarchy (PATEMAN, 1993; SAFFIOTTI,
2015), discourse (FOUCAULT, 2020), device (AGAMBEN, 2005; FOUCAULT,
2007g), subject (BUTLER, 1997; 2002; 2019b; FOUCAULT, 2014c; 2019) and
violence (ŽIŽEK, 2014). We conclude that patriarchy is a dispositif with
heterogeneous, co-opting and capillary strategies in the various discourse
practices. The legal violence against Mariana Ferrer is part of the strategies that
maintain the dispositif that needs to be updated via statements of its
occurrence. We identified some points of cohesion between the discursive
practices of the dispositif: i) the defense lawyer used three violent and vexatious
strategies against Mariana Ferrer (Nymphetage, Hoaxing and Legal Opposition);
ii) through the defendant's statements, we pointed out the occurrence of five
patriarchal strategies used (Mariana's Agencying; Defendant's Disagencying;
Co-Agencying and Agencying for specific practices); iii) in the sentence, the
judge justifies the acquittal for “unintentional rape” and triggers a Rape Label
in which he assesses the veracity of the performance of a raped woman by the
way she walks; iv) pernegation is a substantial concept we have come up with
to the analysis of “unintentional rape”. However, we also conclude that the
power relationship of Mariana Ferrer's agency was able to mobilize Brazilian
society on rape and legal violence. This mobilization forces the patriarchal
device to calibrate its exercise.
Descrição
Citação
NEVES JR., Mario M. Dispositivo patriarcal de violência jurídica contra a mulher: o caso Mariana Ferrer. 2023. 312 f. Tese (Doutorado em Letras e Linguística) - Universidade Federal de Goiás, Goiânia, 2023.