INSTITUTIONAL VIOLENCE IN CRIMES AGAINST SEXUAL DIGNITY WITHIN THE JUDICIARY

Abstract

This article analyzes institutional violence in the context of crimes against sexual dignity, with emphasis on the performance of the Brazilian Judiciary. The research is based on the understanding that the revictimization of women, and vulnerable groups through discriminatory practices and discourses in criminal proceedings, constitutes a serious violation of human rights and the dignity of the human person. The actions of public agents who reproduce stigmas, neglect sensitive listening or blame the victim show how the justice system can become a space for symbolic and institutional violence. The approach to the topic is based on international treaties such as the Convention of Belém do Pará, on national legislation, especially Law No. 12,015/2009 and the Maria da Penha Law, and on documents such as the Protocol for Judgment with a Gender Perspective of the CNJ. The study is justified by the persistence of patriarchal judicial practices that hinder effective access to justice for victims of sexual violence. As objectives, it seeks to critically analyze judicial decisions, identify revictimizing practices and point out institutional alternatives based on gender equality and fundamental rights. Methodologically, a qualitative approach is adopted, through bibliographic review, documentary analysis and study of jurisprudence. In short, the article shows that, despite legislative advances, the justice system still reproduces discriminatory and revictimizing practices against women victims of sexual crimes. The patriarchal legal culture still compromises the effectiveness of fundamental rights.