Feminismos e processo penal: uma análise da lei 13.718/18 no que tange à representação das vítimas nos delitos contra dignidade sexual

Abstract

This monograph analyses the Law 13.718/18 as its central theme. It aims to assess procedural implications of the expansion of unconditional public prosecution as rule for all crimes against sexual dignity in opposition to former procedures when the action required victim‟s representation. Considering this context, it demonstrates these type of offenses often victimizes womem even much making evident the dynamics of power existing as part of the patriarchal structure that outlines Brazilian society. The theoretical framework is based on feminists theories in an attempt to understand the sexual violence phenomenon and its has been handling historically. It discusses how sexism and patriarchalism have always permeated the legal production, both in the legislative and jurisprudential sphere, as in the doctrinal one. Finally, it analyzes the doctrinal discourse against the unconditional public prosecution for sexual crimes making a case for less victimizing practices and ways that ensure greater humanization in victim‟s protection.