SAUDADES DA AMÉLIA? A BUSCA PELA IGUALDADE DE GÊNERO PARA ALÉM DAS PRÁTICAS INSTITUCIONAIS DE CONCILIAÇÃO E CONSTELAÇÃO FAMILIAR

Abstract

The Brazilian Constitution of 1988, in addition to inaugurating the Democratic State of Law, consolidated fundamental rights and recognized the importance of women's rights by formalizing a collective claim for gender equality. In addition to the Constitution and international treaties, Law 11.340/2006, the result of Brazilian Maria da Penha Maia Fernandes' determination, represented a historical milestone in the protection of women from domestic and family violence by establishing Courts for Domestic and Family Violence Against Women, changing criminal legislation, and introducing other measures. However, the experience of Brazilian women since then does not seem to reflect the security and equality expected from the constitution and legislation, since the rates of domestic violence and femicides continue to grow throughout the country. The judiciary, in turn, has shown a tendency toward implementing a multi-door justice system that proposes the "solution" of conflicts in a consensual manner, among them mediation. In this same sense, the practice of family or systemic constellation has been imported to the Brazilian judiciary, ratified by the CNJ as an adequate treatment for conflicts, which promises appeasement between opposites. However, there is a recurrence of reports that indicate a possible revictimization of women in situations of gender violence, especially when inserted in mediation hearings or family constellation sessions promoted by the judiciary. In a national context of gender inequality and persistent domestic violence, this research aims to understand to what extent the institutional practices of mediation and constellation in family courts reinforce gender stereotypes and contribute to maintaining a patriarchal system. This is justified insofar as it provides subsidies for critical thinking about a paradigmatic understanding of the phenomena that involve the perpetuation of violent practices against women. The research is linked to the line of research "democratic state and constitutional policies" inserted in the area of concentration in public law and constitutionalism, in the stricto sensu post-graduation program in Law at FURB. For this, the hypotheticaldeductive method of approach will be used, using historical and monographic procedures with a qualitative, essential, or pure-objective nature, to be carried out through bibliographical and documental techniques.