A defensoria pública como instrumento de defesa dos direitos da mulher em situação de violência doméstica, familiar e intra-familiar

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

Since antiquity, the relationship between the sexes has been marked by the domination and coercion of men, at one side, on the other hand, by the submission and resistance of women. Several institutions, such as: The Church, have exerted a strong influence on the divulgation of such a misogynist culture. The patriarchy has been consolidated in the society supported by the Law, in which women find themselves in a situation of obedience to the men orders. Not only the role of women in society, but also their destiny have always been established and chosen by men. The violence of gender against women has appeared in situations in which the roles and functions pre-established as patterns of normality to both sexes have been broken. The defense of the rights of women and eradication of all ways of discriminations and violence constitute a commitment of the states of democratic law. Among all treats ratified by Brazil, some deserves distinctions: The Convention of the United Nations Organization for the elimination of all kinds of discrimination against women -CEDAW and the Inter-American Convention to prevent, punish and eradicate violence against women, which specifically deal with the rights of women. In Brazilian ambit, the Federal Constitution of 1988, represents an important mark to the balance of the rights of men and women. In the infra-constitutional legislation, the law 11.340/06- Maria da Penha Law, deserves a highlight, for been, the first Brazilian legislation to deal specifically with the mechanisms to prevent, combat and eradicate domestic violence against women. The Public Defense plays an important role in the defense of the rights of women, and acts as an institution to promote rights, and access to justice to all women in situation of violence. The Public Defense is an essential institution to the jurisdictional function of the state, however, it was not only created by the constitutional lawmakers to provide assistance to the needy, but the great role reserved is to provide a complete juridical assistance to people who can not pay for a lawyer. Its actuation can not only be taken as an action to provide jurisdictional actions, but also with the real application of the constitutional principles of the democratic state, like the access to justice and equality, to provide women in situation of violence, orientation, accompaniment, which are indispensable to the development of their rights to a life in which dignity, freedom, equality and peace are present.

ASSUNTO(S)

defensoria pÚblica - dissertaÇÕes direito constitucional

ACESSO AO ARTIGO

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