Lcia Freitas - UEG

Liliana Cabral Bastos PUCRio

Our research main question:

How gender-based violence has been understood and treated by the Brazilian
system of justice in recent years.
Our limits:
Agreed decisions on Maria da Penha Law in
the Superior Court of Justice

For this presentation: the narratives on the proceedings

how they act in the proceedings;

what are their main functions;

What identities are engendered, naturalized, mobilized or immobilized

Theoretical framework

CDA perspective (Rezende & Ramalho, 2010) - Narrative Analysis

approach ( Bastos , 2005; Bastos e Biar, 2015)
Transdisciplinary approach-Languagenm Gender, Law (Campos, 2012;
Castilho, 2008; Freitas, 2013; Pimentel, 2009; Pires, 2013)

The agreed decision genre

Catunda (2016)

Summary
Reasons of the
author
Position of the
group (vote)
Verdict

(the defendent) kept the victim in private jail, assaulted her with punches, slaps, kicks and hair pulling, and even hit
her with a type of weapon made at home with chains, he also forced her to have sex with him under the threat of
death
On the record that the defendant ALMIR ARANTES DA COSTA was denounced by the possible commission of
crime under art. 147 of the Penal Code, for having, in theory, threatened his ex-girlfriend, ANA MARIA PEREIRA
DA SILVA and her current boyfriend, a fact that would have occurred on November 15, 2007.
VALTEIR claims that ODETE has broken his cell phone, trying to hit him with punches and a bite on his arm.
Odete claims that she broke her boyfriend's phone for jealous reason, after discovering, in his phone memory, a
suspicious call made by him, and she bit his arm to defend herself from an aggression that he practiced against her.
When they were led to the police station, she had bruises on the left eye and bruises on both arms and he showed
bruises on his arms and light bruises on the left forearm, the upper lip and small scratches on the neck.
"[...]" That during twenty-four years he lived with ANA MARIA ; That he is separated from Ana Maria since June
last year; That he denies he has stopped his car close to ANA MARIA and GERALDO (the victims new boyfriend)
threating them and pointing his finger at their face, and that they would pay him, that he only congratulated the two
of them for their date; that when he congratulated them GERALDO dropped ANA MARIA hand; that he pounced
on him to hit him; that at that time he went to the car to open the car's glove compartment to see if his documents
were there and that he did so because sometimes he drives a motorcycle and sometimes he drives car; he was just
checking if the documents were there and went out of the car to wait what was going to happen, but there was no
aggression; that there were two people by a restaurants door nearby; that they both witnessed what happened, but
they did not interfere at all; that GERALDO is the new boyfriend of ANA MARIA and that he has nothing against
him; [...] I was surprised to see that ANA MARIA had new boyfriend; that as he did not expect that fact (to see the
couple), the floor came out of his feet [...] ".

Reasons of the author

Valteir claims that Odete has broken his cell phone, trying to hit him with punches and a bite
on his arm. Odete claims that she broke her boyfriend's phone for jealous reason, after
discovering, in his phone memory, a suspicious call made by him, and she bit his arm to
defend herself from an aggression that he practiced against her. When they were led to the
police station, she had bruises on the left eye and bruises on both arms and he showed
bruises on his arms and light bruises on the left forearm, the upper lip and small scratches
on the neck.

On the record that the defendant ALMIR ARANTES A COSTA was denounced by the possible
commission of crime under art. 147 of the Penal Code, for having, in theory, threatened his exgirlfriend, ANA MARIA PEREIRA DA SILVA and her current boyfriend, a fact that would have
occurred on November 15, 2007

The position of the group

"[...]" That during twenty-four years he lived with ANA MARIA; That he is separated from Ana Maria since
June last year; That he denies he has stopped his car close to ANA MARIA and GERALDO (the victims
new boyfriend) threating them and pointing his finger at their face, and that they would pay him, that he
only congratulated the two of them for their date; that when he congratulated them GERALDO dropped
ANA MARIA hand; that he pounced on him to hit him; that at that time he went to the car to open the car's
glove compartment to see if his documents were there and that he did so because sometimes he drives a
motorcycle and sometimes he drives car; he was just checking if the documents were there and went out
of the car to wait what was going to happen, but there was no aggression; that there were two people by
a restaurants door nearby; that they both witnessed what happened, but they did not interfere at all; that
GERALDO is the new boyfriend of ANA MARIA and that he has nothing against him; [...] I was surprised
to see that ANA MARIA had new boyfriend; that as he did not expect that fact (to see the couple), the floor
came out of his feet [...] ".
"[...]" She claims to have lived a relationship of many years with ALMIR, in June of this year, the declarant
ended that relationship; in August she started dating GERALDO so ALMIR discovered, he came to disturb
her, manifesting to be contrary to the relationship of the declarant and GERALDO; ALMIR passes by the
building where the declarant lives, he plays the intercom and calls the declarant screaming, constraining
her in the presence of her relatives and neighbors; that on 15/11/2007, after leaving his home in the
company of GERALDO on Afonso Pena Street, near de Queiroz Horace Street, ALMIR was driving a car
when he saw them, he stopped the car, he pointed his finger to the declarant and GERALDO and said,
"congratulations to both of you, you will pay me"; they asked him to be calm, however, ALMIR clenched
his fist and left the key in the middle finger, as if to simulate a brass knuckles and threatened to take
something out of the car, but the declarant didnt see what it was; the declarant leaned against ALMIRs
car door to prevent him to come out, because GERALDO was also nervous about the situation and the
declarant was afraid that they could fight; then the declarant and GERALDO entered the restaurant Four
Corners of Mines, where there was a boy by the door, then ALMIR immediately left; that due to the
constant disturbance that she had been victim of, the declarant requested changing the number of her
mobile device and also the home phone; [...] ".

Preventive detention was based on the grounds of the gravity of

the acts committed by the offender (who kept the victim in
private jail, assaulted her with punches, slaps, kicks and hair
pulling, and even hit her with a type of weapon made at home
with chains, he also forced her to have sex with him under the
threat of death), as well as ensuring the implementation of
urgent protective measures.