O combate institucional da violência contra a mulher: estudo comparativo entre Brasil, Portugal e Espanha na implantação de Políticas Públicas

Abstract

The passing of laws aimed to protect women against violence in Brazil. Portugal and Spain, airs this issue and favors a forward movement of women’s fight for efficacy and advances in everyday gender relationships. Through a law-theoretical approach owing to the juridical thought from these countries, this work aims to make a comparative study in the matter suitable to the historical circumstances in this first decade of the millennium. So, concepts as power, violence and institutions are analyzed in a law perspective to exhibit the juridical tools created to implement women’s protection and a deeper sight in gender relationships as well. Owing to cultural similarities Brazilian, Portuguese and Spanish laws on this matter are reviewed and compared. In consonance with the research program on Family and Society, this thesis provides the evidence of factual inability of law to produce effective protection and to acknowledge social equivalence between women and men, which leds to a deeper multidisciplinary approach. An interpretation scheme was built following the one created by Göran Therborn when studying the diminishing of fertility among women in France and United States. Therborn’s scheme is grounded on the connection between macroscopic phenomena and multiple individual decisions laying beneath it, which is the case in violence against women within a traditionally male-centered society. Through this methodology it was evidenced that law itself, even though needed, is not enough to preclude violence against women. A radical change in a deep-rooted cultural attitude is conditio sine qua non to establish a worldview in which women and men could be equally recognized as free and equivalent.