Law, narrative and social imaginary: The representation of the feminine and the legitimation of violence against women

• Autor(a) principal: Karam, Henriete
• Data de Publicação: 2021
• Outros Autores: Castro, Rosa Lima de Araújo
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Direito da Faculdade Guanambi
• Texto Completo: https://portaldeperiodicos.animaeducacao.com.br/index.php/RDFG/article/view/13942
• topic: Direito e literatura. Direito penal. Mito de Leocádia. Guanambi. Violência contra a mulher.; Criminal law. Guanambi. Law and literature. Leocadia myth. Violence against women.

This work, inserted in law and literature studies, aims to investigate if the representation of the feminine in the narratives produced by the community and instituted in their social imaginary can legitimize violence against women and, as a consequence, colaborate for the ineffectiveness of the application of the criminal law in force in Brazil. It starts with the assumptions offered by the studies of Law and Literature to examine theoretical issues related to the representation of the feminine and the social imaginary. In the sequence, the study of a case that was carried out is presented: the different versions of the history of Leocádia - mythical-foundational narrative of the city of Guanambi - are analyzed; discussed the data obtained in the survey of the number of homicides committed in the municipality in 2014 and the juries, corresponding to them, that have already occurred; and, finally, based on such data, the effectiveness of the law with regard to the protection of women is assessed. This path allows us to conclude that the ineffectiveness of the application of the criminal law in protecting women is linked to the absence of jurisdictional provision and to the violence justified by blaming the victim, resulting in impunity for the aggressor.