Os discursos de verdade produzidos na esfera judicial: estupros em Salvador

Abstract

Analyzing the discourse of judges and prosecutors in cases of rape, this study aims to check for production of gender violence at the judicial level, either because of the presence of asymmetric constructions of gender, use of control procedures for maintenance of speech power or a non effective absorption of Human Rights Gender. For that, content analysis is applied to the existing complaints and judgments in actions decided between the years 2010 to 2013, for crimes under Art. 213 of the Penal Code, where the victims were women and the offending were men, both able, without incidence of Law 11.340/2006. This research is developed aligned to the understanding of the role of social representations in the imaginary construction of the subject and their understanding of social phenomena, of gender relations as power relations and gender violence and disrespect for Human Rights. Thus, to understand the dynamics of the judicial process of this crime, revealing the subjective elements that work and power relations within it, it will be possible to ascertain the existence (or not) of other discourses coexisting with the legal discourse.