Violência e discriminação contra a mulher: tratados internacionais de proteção e o direito penal brasileiro

Abstract

The violence and discrimination against women, in their most varied ways and in the most different scenarios, are deeply settled in many cultures and reiterated in such a way that they almost constitute a way of living. This flagrant violation of the Human Rights has molded international instruments of protection. Thus, the initial protection, in an abstract and general way, added to the perception of the sexual and cultural connotation of the exclusion of women from the gender s perspective point of view, has caused questionings and the particularization of international rules which aimed at concretizing the non-discrimination, while consequence of the universalization of the human rights. In a global setting, for our studies, were analyzed the Convention on the Elimination of All Forms of Discrimination against Women, and, in a regional setting, more precisely in the Inter-American System, the Inter-American Convention for Prevention, Punishment and Eradication of Violence against Women (Convention of Belém do Pará). The confluence of these diplomas and the constitutional text of the undersigned countries, in their turn, must impact as a demonstration of good faith on the fulfillment of the undertaken obligations their internal legislations. The National Criminal Law will not compromise its characteristic of ultima ratio when adjusting to the international patterns, accepted by the Constitution, before the magnitude of the goods to be protected, of its necessity of protection and the damages of the offense. It is also important to remember that, because of the androcentric regime, other means of social control appear to be inapt and selfdefeating. The changes made in our criminal legislation have helped to free the Criminal Law from its patriarchal outdate and without forgetting the need of complementarity of articulated public policies of stereotyped cultural patterns changes promoted a breach with the criminal knowledge centered on the man with common sense, having as line of action the natural submission of the women. It is believed that accepting differences but rejecting the inequalities of treatment is allowing the woman to be herself and realizing the plenitude of humanity in its diversity