Violência institucional: investigações sobre a prescrição e decadência processual e seus efeitos sobre a vítima de violência doméstica na comarca de Palmas-TO

Abstract

The present study highlights the institutional violence committed by the State against women victims of domestic violence, showing the deficiencies in the service network and in the interpretation of the Maria da Penha Law, given that the issue of violence against women involves the problem of the institute of statute of limitations and procedural decay andits effects on the victim. From the analysis of 1692 lawsuits filed in 2017 in the Domestic Violence Court, in the city of Palmas-TO, stored in the E-proc system, it was possible to measure the number of lawsuits and the reasons that led to prescription and decay. When the case is dismissed in this way, the victim does not receive a response from the state and the accused does not receive any conviction for the crime committed against the woman. The data show that the processes extinguished by prescription, that is, for not meeting the three-year deadline for completion, counted from the date of receipt of the demand, were due to the delay in holding a hearing, because, after the process was resolved, the hearing is held approximately two to two and a half years later, close to the three-year statute of limitations, also considering procedural acts such as the summons of the accused, presentation of a preliminary defense and sanitation, etc. that consumed time. After the hearing, deadlines are opened for final defenses and the delivery of a sentence, exceeding the maximum period determined by law. As for the cases in which the decay occurred due to the lack of representation of the victim, it was concluded that there was no lack of representation, as the women expressed the desire to represent at the police station, at the time they filed a police report, with no legal provision or need that the Public Prosecutor's Office again demand the victim's reaffirmation of this desire. It was observed that most of the extinct processes involved women who may have been harmed by the lack of technical knowledge about the types of actions and the need to reaffirm the desire for representation, especially women who do not have access to information. Violence against women encompasses several criminal types and the main tool to combat these crimes involves access to information, awareness and education about Jurisdictional Provision as a way to minimize the impacts of this phenomenon that has historical roots in social relationships. patriarchal and naturalized male chauvinists. The Justice System needs to become known to the population and women need tohave easy access to service channels and protection of their integrity. To this end, during the duration of the research, as a technical product, a Radio Program was created, broadcast daily on Rádio 96 FM, to meet the provisions of article Art. 8, V, of the Maria da Penha Law, with a focus on promoting and carrying out educational campaigns to prevent violence against women, aimed at society as an instrument for protecting women's human rights. This Technical Product is in the modality "Communication Product" - Social and Educational Technology -, being developed in accordance with the Ordinance of the Coordination for the Improvement of Higher Education Personnel (CAPES) 171/2018, which establishes the Working Group (WG) Technical Production. The program was broadcast from December2020 to June 2021 and impacted the entire Tocantins community by providing information/education about the service network for women in situations of violence, explaining the main types of criminal offenses, providing the channels for reporting and support. such as Ligue 180 (in cases of domestic violence), Ligue 190 (for any police cases in general - such as fights and/or threats) and Ligue 192 (in case of medical emergencies). In addition to taking basic information about the Justice System and Jurisdictional Provision. Also as products, two terms of recommendation were sent to the Tocatins Court of Justice, with a view to meeting the problems detected in the research