Os efeitos do sistema interamericano de direitos humanos para a investigação, punição e prevenção à violência de gênero no Brasil

Abstract

This dissertation is part of the research line "Legal Protection and Public Policies" within the Postgraduate Program in Law at the Law School of the Federal University of Uberlândia (UFU). The study aims to analyze the contributions of the Inter-American Human Rights System to the Brazilian legal system regarding the development of public policies for the prevention, repression, and punishment of gender-based violence in Brazil. In this regard, the central question guiding this work is embodied in the following inquiry: What are the influences exerted by the Inter-American Human Rights System on the legal system and the implementation of public policies concerning gender-based violence in Brazil? The Inter American Human Rights System has transformative potential and, through its legal instruments embodied in the American Convention on Human Rights, the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (Convention of Belém do Pará), as well as in the jurisprudence of the Inter-American Commission and Court of Human Rights, it continuously influences the Brazilian legal system and public policies aimed at addressing gender-based violence. This research has a qualitative approach, exploratory character, and will be carried out through bibliographic review and document analysis. Its focus lies on studies concerning the power relations that underlie gender-based violence in Brazil and the defense of gender perspective in handling cases of violence against women. Regarding documentary research, we list the main cases that have been processed within the scope of the Inter-American Commission and Court of Human Rights, enunciating a gender-focused perspective, in addition to the historical evolution of the application of the Convention of Belém do Pará, which highlights the inter-American concern about violence against women, to subsequently focus on the reflections in the Brazilian legal system, based on the enactment of laws (Law 11.340/2006 and Law 13.104/2015) and protocols for the action of members of the justice and security system with a gender perspective. The investigation revealed that the parameters established by the decisions and deliberations of the Inter-American Human Rights System regarding gender-based violence expose an inter-American concern and contribute to the consolidation of an agenda for greater protection of women in Brazil.