Da inabilidade punitiva aos grupos reflexivos: A execução de práticas restaurativas aos homens agressores na Lei Maria da Penha.

Abstract

The present paper aims to analyze criminal responses to combat domestic and family violence against women, incorporating the possibility of referring aggressors to rehabilitation centers, under articles 35, V and 45, of Law number 11.340/06, known as the “Maria da Penha” Law, as an alternative means to aply an appropriate sentence. These centers materialize in reflective groups, tools capable to ensure reeducation for perpetrators and reduction all forms of oppression against women. The work is developed in group meetings, through the reframing of social conduct and masculine identity. The qualitative research note the historical-cultural context that allowed the consolidation of gender inequalities in society, indicating the legislative advances and limits imposed on the protection of women in the Brazilian criminal system until the promulgation of “Maria da Penha” Law. Using the deductive method and bibliographic analysis, the effectiveness of the prison system in rehabilitating offenders and materializing the social purposes of the sentence have been called into question. In this paper, the fallibility of current criminal policies and the need to implement restorative methods in resolving family and domestic conflicts were emphasized. Finally, this study systematically positions the perpetrator of violence against women in the social order, identifying the methodological and functional aspects of socio-educational interventions. With this approach, it was concluded that, although the obstacles in its practical reproduction, Reflective Groups, as restorative and intervention mechanisms, stop cycles of violence, deconstructing the dominant masculine stereotype and promoting active accountability for violent acts.