Os efeitos de sentido da prática discursiva jurídica sobre a violência sexual contra as mulheres

Abstract

Dealing with discourses means getting into an unstable arena, but also of regularities, sometimes, for rupture, others, for reiteration of what is established. The feminist discourse was a discursive event that broke up many chains and pointed possibilities for men and women to have the same social, cultural and economic rights; however the patriarchal discourse still rules the Brazilian society and the sexual violence, that woman is the main victim, is not over, the State’s agents have tried to deal with the problem: but we try to understand how this is done. Therefore, the theme of this research is the discursive practice of/in the juridical about women victim of sexual violence. In this study, I understand as question of research the discourses that blame the woman for their own rapes, trying to reveal the discursive memory and the meaning effects that it produces. Based in the discourse analysis’ theoretical scope, especially in studies by Pêcheux (1977, 1990, 2006, 2009, 2010a, 2010b, 2010c, 2011a, 2011b, 2011c, 2011d), Henry (1992, 2010 e 2013), Orlandi (1988, 2005, 2006, 2008, 2009, 2011), Althusser (2001), and Foucault (2001, 2006 e 2015), I asked: a) how the paraphrasal repetition that is in the criminal prosecutions of female sexual violence are constituted; b) why, in the prosecution related to sexual crimes committed against women, they have to prove they’re suitable. To write the dissertation, I established as purpose to analyze the discursive practice revealed in judicial prosecution from 2012 to 2014, already sentenced and judged, in Foz do Iguaçu, verifying how the cases of sexual violence (rapes, sexual abuses), happened in different conditions, are treated. This analysis is made by tracing reflections about the discourses of women and feminism histories, crucially regarding the situation of sexual violence, aiming to understand the materiality and the constitution of the discursive practice of judges, prosecutors and defense lawyers that take charge of justice and the warranty of the women’s constitutional and individual rights and verifying if this practice of/in the corpus breaks with or reiterates the socially established memory about the woman and if there is or not a rupture with the already-said, the “ever-already-there” and the “has-always-been-like-this”. The corpus is composed by four criminal prosecution showed in cutouts divided in SDs, with views to the treatment and to the analysis. The juridical discursive practice in focus is analyzed based in the categories of the discourse analysis, but without disregarding the feminist studies and the ideological questions that pass through the Law. As results, I consider that changes, such as in law, are happening. But I realize that the subjects of/to the juridical discourse submit themselves not only to the legislation through which we’re all reigned, but are also submitted to a patriarchal culture in which they are inserted, because don’t break up with this memory about to be a woman; thereby, what can be seen in the discursive practice about sexual violence crimes against women, there is not properly rupture.