A fraternidade na prevenção, punição e eliminação da violência doméstica e familiar contra a mulher

a experiência do poder judiciário de Rondônia aplicado à mulher ribeirinha do Rio Madeira como modelo de aplicação

Abstract

The object of this thesis is the study of Itinerant Justice in the prevention, pu­nishment and elimination of domestic and family violence, from the perspec­tive of fraternity. Its institutional objective is to obtain the Doctorate degree of the PhD Course in Legal Science at the University of Vale do Itajaí́ –UNIVALI, within the area of concentration “Constitutionalism, Transnationality and Law Production”, linked to the line of research “Constitutional Principles, Law Po­licy and Artificial Intelligence”. Its general objective is to demonstrate that re­viving fraternity in the Federal Constitution contributes to the social function of the Judiciary Power of the State of Rondônia in promoting access to justice and the dissemination of legal awareness for all Brazilian women, as a form of guaranteeing their human rights. The Thesis is divided into three chapters. The first is dedicated to a theoretical study of the concept and characteristics of riverine people and communities. An incursion is made into women and human rights. The text then analyzes the characterization of domestic and family violence against women, the types of violence provided by the Brazi­lian legal system, and how it is identified in the riverine communities of Porto Velho. Chapter two focuses on the Social Function of the Judiciary Power in the context of Brazilian Law. The thesis then goes into the themes of legal awareness, the right to education, and the policies of administration of justice when it comes to combating gender violence against women. The functioning of the Courts responsible for judging Domestic and Family Violence against women is also analyzed. Chapter three is dedicated to fraternity in its general aspect and also in its construction within the Judiciary Power. A report is given about the history of Justice and the formation of Judiciary Power in Rondônia, as well as the experience of itinerant Justice as a fraternal practice. The appro­priate techniques used were the categories of referent, category, operational concept, bibliographic research and, in particular, bibliographic research. The theme was developed based on the pursuit of the general and specific objec­tives that guided the production of this thesis. The conclusion summarizes the responses to the hypothesis, reaching a new concept of Itinerant Justice under the bias of fraternity, in the scenario of domestic and family violence against women. The study reveals that fraternity, as a principle and experien­ce, contributes to reducing this kind of violence perpetrated against Brazilian women living in remote places throughout the Country, without distinction. The inductive method was used in this research.