Estupro e conjugalidade: corpos femininos enquanto territórios colonizados no ambiente familiar

Abstract

This paper intends to make a critical reflection on the occurrence of marital rape in Brazil by conducting a bibliographic survey on the subject. Still, this paper intended to reflect on the performance of the State and society to consolidate rape within the context of conjugality, analyzing the legislative literature on this violence. Due to the large rate of daily raped women, there was a need for the approach of this research to focus on the reflection of the family environment as a space in which the violation of rights is routine and silent. To understand this phenomenon, the decolonial theory had been used, exploring the concept of gender coloniality. In the end, it was concluded that the high number of rapes in the country – coupled with the low perception of their occurrence in marital relations – is a reflection of the patriarchal and misogynistic culture, responsible for updating the unequal access to rights between women and men and also for making invisible gender asymmetries in the socio and in the legal context.