The critical feminist theory of law have characterized the Brazilian legal system as refractory with regards to women´s demands and as yet another mechanism that upholds traditional gender archetypes. Recently, the Law 11.340/06 (The Maria da Penha Act) encourages new reflections on legal decisions regarding so-called gender conflicts in Brazil. Influenced by standards laid out in international decrees regarding the women´s rights, this Law introduces innovative elements such as the definition of “gender-based violence”. This study reflects theoretically and empirically on the role of the judicial system in the application of the Law 11.340/06, and discusses how the category gender-based violence is being used by those pertaining to the legal system. The contributions of Niklas Luhmann’s social systems theory are useful to illustrate the understanding of judicial practices and their impact on the realization of the outlooks surrounding efforts focused on the implementation of the Law 11.340/06.
Keywords:
Feminist agenda, domestic violence, gender based violence, legal system, social systems theory
Sciammarella, A. P., León Amaya, A. C., & Rivera, P. E. (2017). Feminist Mobilization, gender violence and judicial practices in Brazil: Reflexions from the Social Systems Theory. Revista Punto Género, (7), pp. 46–68. https://doi.org/10.5354/2735-7473.2017.46262
