“Você me paga, bandido!”: Cruzamentos dialógicos entre narrativa literária e judicial de violência doméstica

This article explores parallels between literary narratives and judicialnarratives about domestic violence, based on the Bakhtinian dialogic concept oflanguage. The article takes the short story “Você me paga, bandido!” by DaltonTrevisan and compares and contrasts it with narrative excerpts from judgmentsof the Superior Court of Justice concerned with the ‘Maria da Penha’ Law. Thisdiscursive-literary approach discusses gender issues that permeate domestic vio-lence in Brazil and its treatment by the legal system after the advent of this law.The analyses explore more recurrent dialogical links that permeate the narratives,such as guilt mitigation, power games, notions of jealousy, honor, drunkenness,male dignity, female resistance and the trivialization of violence. We believe thatthe discursive-literary approach developed here can support interdisciplinary ac-tion both in the penal treatment of domestic violence, and in its prevention througheducational measures.

"O evangelho segundo Jesus a rainha do céu": O expurgo social da mulher travesti através de uma decisão judicial

This article examines a court decision issued by judge Roberto da SilvaMaia of the Pernambuco Court of Justice (TJPE). It applies Norman Fairclough’sCritical Discourse Analysis (CDA), the modes of operation of ideology of John B.Thompson and the Appraisal system developed by Jim Martin & Peter White. Wewill apply these tools in a form adapted to Brazilian Portuguese by Orlando VianJr. Our aim is to identify if there is, in the decision, an attempt to socially purge thetransvestite woman. After the analysis, we reflect on the social context in whichfreedom of artistic expression has caused discomfort and how the arguments usedto limit it reinforce the exclusion of and prejudice against transvestite women.

A transformação do ordenamento jurídico brasileiro após o Caso Maria da Penha

The a priori perception of the end of impunity for the aggressor clearlyhelps to prevent violence. Herein lies the importance of the social transformationof law. This article analyzes the main transformations of the Brazilian legal sys-tem in an attempt to combat domestic and family violence against women, asa consequence of the condemnation that Brazil suffered on April 4, 2001, by theInter-American Commission on Human Rights, in the Case of Maria da Penha. Itwill be demonstrated that the former situation of neglect and disrespect for wo-men’s rights in Brazil has been gradually rectified over the years since, havingnow reached an adequate level of legislative protection.

Writing up or writing off crimes of domestic violence? A transitivity analysis of police reports

Between March 2019 and March 2020 in England and Wales (excludingGreater Manchester), there were 1,288,018 recorded incidents of domestic violence(DV, otherwise known as ‘domestic abuse’ or ‘DA’), an increase of 4.2% (51,404incidents) on the previous year (Office for National Statistics 2020). Only 56%of these were classified by police as ‘crimes’ (Office for National Statistics 2020).Additionally, despite the annual rise of DV the charging rate of suspects fell in2019–2020 by 20.5% (Crown Prosecution Service 2020). This raises two primaryquestions: 1) why are almost half of reported DV incidents not considered ‘crimes’?and 2) in spite of rising numbers of incidents, why do prosecutions continue to fall?These questions are central to this paper. A possible factor influencing attritionrates concerns the language used by police officers to record DV incidents. Thispaper, then, explores whether the linguistic choices made by police officers onjudicial reports of DV in a sample of cases collected from the year 2010 reflectimplicit attitudinal biases, that in turn, can potentially pre-empt out-of-court casedisposals within contemporaneous DV cases. If so, this may also go some way toexplaining the gap between cases reported as DV crimes and cases recorded assuch. The dataset under analysis comes from a corpus of 13 police-authored DVcases sent to prosecutors for charging decisions in one calendar month in 2010 (formore detail about the corpus, see Lynn and Canning 2021; Lea and Lynn 2012.All 13 cases were returned with a ‘simple caution’ outcome, which means thatnone progressed to prosecution. Two of these cases are used as representative ofthe 13 that comprise the corpus. The analysis of the data is carried out usingthe model of transitivity (Berry 1975; Halliday 1994) to identify participant roles,actions, and circumstances as well as their syntactic distribution. The analysisshows that officers’ lexical and syntactic choices yield patterns of agency thatdownplay suspects’ culpability on the one hand, and background victims on theother. The paper concludes by arguing that how police present agency, participantroles, and circumstantial elements in reports to prosecutors can encode a ‘preferredoutcome’ resulting in more lenient charging decisions.

O Movimento #MeToo: Argumentação, enviesamento e negação polémica

In this article we present a forensic analysis of the most relevant argu-mentative mechanisms in opinion pieces produced about the #MeToo Movement.A corpus of 28 opinion pieces published in the newspapers Expresso, Observadorand Público between October 2017 and February 2020 was created to analyze thelinguistic mechanisms that most contributed to the defense of a certain point ofview (in favor or against the movement). A lexical analysis showed the bias of thediscourses, while an analysis of negation showed the presence and exploitation ofthe multiple voices that coexist in a discourse. It is our goal to affirm discourse asa place of power, as well as to reiterate the role of language as powerful forensicevidence of mental and social schemata that precede argumentation.

A violência de gênero na jurisprudência da Corte Interamericana de Direitos Humanos: Um estudo do caso González e Outras (“Campo Algodoeiro”) vs. México

This paper sets out to discover how the Inter-American Court of Hu-man Rights (IACHR) interprets gender violence in its jurisprudence, and whetherthis interpretation is consistent with an evolving interpretation of human rightsand current discussions about gender violence. The article analyzes the Case of“González and others vs. Mexico” and the rationale decidendi of the case, usingas a theoretical basis previous publications. We conclude that the IACHR currentin its analysis of gender violence, gave special emphasis to crimes characterizedas feminicide.

Romance "A Hora da Estrela", de Clarice Lispector: Reflexões sobre violência de gênero no Brasil

The interdisciplinary relationship between Law and Literature allowsjurists to expand their understanding of the world. The realities and their conse-quences are not always clear, it’s often veiled, subtle and for this reason, in order tounderstand the reality of gender-based violence in Brazil, this article will engage adialogue with the novel ‘The Hour of Star’ by Clarice Lispector. The objective is topresent the different nuances for which gender-based violence occurs and througha bibliographic, legislative and empirical data review conclude how this interdisci-plinary relationship can assist in the understanding and creation of more effectivenormative instruments for its punishment.