As microlitigiosidades da atividade adjudicante nos crimes de estupro: um estudo da sentencing de um tribunal do interior da Bahia

• Autor(a) principal: Martins, Rogéria da Silva
• Data de Publicação: 2011
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UERJ
• Texto Completo: http://www.bdtd.uerj.br/handle/1/14830
• topic: Sentencing of rape crime; Children and teenages; Disparity of the punishment; Inequality of the courts; Sentenças judiciais de estupro; Crianças e adolescentes; Disparidades das penas; Desigualdade dos tribunais; Estupro (Direito penal) Ilhéus (BA); Estupro Legislação Brasil; Sentenças (Processo penal) Ilhéus (BA); Adolescentes Maus-tratos Ilhéus (BA); Crianças Maus-tratos Ilhéus (BA); CNPQ::CIENCIAS HUMANAS::CIENCIA POLITICA::POLITICAS PUBLICAS

The aim of this study is to investigate sentencing of rape crimes against children and teenagers in the city of Ilheus, State of Bahia, Brazil, between 1964 and 2008. This thesis analyzes the fragility of the judicial system from the standpoint of judicative exercise characterizing the disparity of criminal punishment for rape, considering the application of punishment by the magistrates. Analysis of elements that determine decision making of judges involved selective instruments circumscribed in criminal justice resolution. Empirical analysis is based on the theoretical framework of sentencing in rape cases from the perspective of the convict, while questioning the explanations for decisions taken by the judicial authority that serve as grounds for sentencing. In essence, sentencing addresses the analysis of decision-making as a social practice. In this case, the concept comprises the phenomenon of the judicial decision as a complex and subjective practice involving decision determinants that characterize the disparity of the punishment and, consequently, inequality of the courts. A total of 84 (eighty-four) cases from 1964 (the oldest case) to 2008 (the most recent case) in the two criminal courts of the district of Ilheus, State of Bahia, Brazil, were selected for the methodological framework. Determinants in decision-making of judges include judicial and extra-judicial criteria, the social context and criminal law provisions in the application of regulations in light of discretional power based on qualitative and quantitative analysis. Micro-litigation characterized in the traditional and sociological approach to sentencing previously determined in this study and inspired by the research categories suggested by Vanhamme and Beyens (2007) revealed a classicist and reactive tendency of the judicial system in Ilheus that is closely related to legal formalism, to the detriment of a more democratic judiciary stimulated by social justice, in which rape is still considered a crime that is based on physical violence