Desigualdade de gênero: análise histórica e da lei 11.340/06 como política pública de reconhecimento

Abstract

The equality between men and women in Brazil is a fundamental right established in the Federal Constitution of 1988. In contrast, data on violence against women and social inequality show that the conquer of this right is far from being achieved. In the present article the historical construction of a patriarchal system that originated the current Brazilian reality is analyzed. In order to guarantee the enjoyment of fundamental rights, as well as the constitutional principle of the dignity of the human person, affirmative public policies are necessary for the reparation of social inequality that has been historically constructed and yet persist. According to Nancy Fraser, for social groups doubly excluded, both in economic and cultural spheres, recognition and redistribution policies are necessary to overcome inequality. Therefore, it was intended to briefly analyze Law 11.340/2006, known as “Maria da Penha Law”, and its application as a state response to gender violence as a public policy of recognition. In the elaboration of this monography the method of documentary revision was used, based on statistical data and Brazilian legislation; and bibliographic review, from authors who produced theories pertinent to the theme.