Men in Maria da Penha Law and Recommendation 124/2022 of the National Justice Council

Abstract

This study aims to analyze how the batterer/perpetrator of domestic and family violence against women is targeted both in the Maria da Penha Law (Law 11,343/2006) and in Recommendation 124/2022 of the National Council of Justice. This recommendation suggests that state Courts of Justice implement and maintain programs focused on reflecting on and holding perpetrators of domestic and family violence accountable. Justification: The relevance of this study is justified by the growing interest of the Public Authorities in developing initiatives aimed at men as a way of preventing these types of violence against women, as well as by the prevalence and persistence of such violence in Brazilian society. In addition, the significant increase in the number of such initiatives in recent years is noteworthy. Method: To construct an analysis of the regulations as discourses, the Foucaultian categories of discourse, knowledge and power are used, where discourse is understood as a form of articulation and exercise of knowledge-power. The category of gender is interpreted based on the philosopher Judith Butler, and is seen as a social construction naturalized through its performativity. Results and conclusion: there is a significant difference in terms of conceptual and technical bases mobilized in the discourses of the Law and the Recommendation, organized around the author-aggressor binomial. Originality and value: it is believed that a better contextualization of the subject addressed in these discourses can contribute to a deeper, more critical and practical understanding of these regulations and to work with men, with the aim of increasing the protection of women against domestic and family violence.