Discriminação feminina e a influência do ethos cristão no desenvolvimento da doutrina da proteção e da legislação correspondente: um enfoque sócio-jurídico-religioso sobre a identidade da mulher

• Autor(a) principal: Almeida, Rita de Cássia Dias Moreira de
• Data de Publicação: 2009
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações do Mackenzie
• Texto Completo: http://dspace.mackenzie.br/handle/10899/25697
• topic: discriminação feminina; ethos cristão; cristianismo; religião; direito constitucional; mudança social; female discrimination; christian ethos; christianism; religion; constitutional law; social change; CNPQ::CIENCIAS HUMANAS::TEOLOGIA

Religion has influenced the development process of social groups in many aspects. In each historical moment of human being, religion has equally suffered transformation. As a social group achieves maturity, religion gets new tint: from the Twelve Table of Law, with its rigid punishments, until Christianity in the person of Jesus Christ, who scanned the intimate areas of human being, made innovative proposals for his time, led people to interpersonal relationship reflection, and proposed mutual respect among the group. Therefore, the history course of the discrimination toward woman was changed. A new view was triggered by Jesus' actions toward women around him. He did not see them as simple spectators of the historical scene made by men, but as leaders with men in the social relationship evolution. The principles of Christianity, although had been dormant in the Dark Era, it was rescued to be established in the modern world. The woman role was strongly changed due to significant conquests in the last millennium. The influence of the religious Christian ethos in the social group of such size influenced the Contemporary Law, resulting in strong modification in the legislation, by seeking extinction of woman discrimination and creating protective laws against domestic violence. Such laws do not intend to create a distinction between men and women, or creating privilege in the society, but specifically to inhibit the abuses made by men against women for the simple matter of gender. Even though we live in the Occidental World of Lay States, in which legislations contain distorted religious matters, we can observe Christian principles in the creation of protective laws against domestic violence. Even dedication of Human Rights as indispensable guarantees to human dignity has strong influence of the Christian ethos concerning equality among members of a social group. In the legal area, the Constitutional Law, nowadays, has the main function to promote juridical security to people so men and women, as the main objective of state action, have foundation in their lives of the historically recognized laws conquered in their adventure of living. However, written law is not enough for the principles of ethic and morality to be fulfilled in the juridical system of a country. Although legality principle is an instrument of fundamental importance for the Democratic State of Right, it is still necessary that the interpreter and the executor of the law to be permeated by the religious ethic, so well described by Weber, so that the literal text of the law may be effective in the social group by producing real objectives. For this reason, it is necessary that the Constitution, the Magna Carta of a country, which contains guarantees about Human Rights, to be effective among people to materialize fundamental rights, and to focus on social security, which is indispensable for the configuration of human dignity values. Conquered rights by men and woman in social disputes in times do not confront against each other, but amalgamate by composing a constitutional system lived by the new juridical system based on political participation of people, which directs its content and gives foundation the a new constitutional order formed in the process of the State Evolution. The Human Dignity, a constitutional guarantee, was not being properly interpretated in this country, so the creation of a new mechanism to make the protection doctrine effective was necessary. For this reason the Law 11.340/06, named as Maria da Penha Law, was created to deal with domestic violence against women in Brazil.