Os estereótipos do feminino e o filicídio materno : um olhar para além da construção social da maternidade na perspectiva de uma defesa digna

• Ano de defesa: 2022
• Autor(a) principal: Santos, Luciana Pessoa Nunes
• Orientador(a): Azevedo, Rodrigo Ghiringhelli de
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica do Rio Grande do Sul
• Programa de Pós-Graduação: Programa de Pós-Graduação em Ciências Criminais
• Departamento: Escola de Direito
• País: Brasil
• Palavras-chave em Português: Estereótipos do Feminino; Maternidade; Filicídio Materno
• Palavras-chave em Inglês: Feminine Stereotypes; Maternity; Maternal Filicide
• Área do conhecimento CNPq: CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://tede2.pucrs.br/tede2/handle/tede/10645

The present thesis deals with the stereotypes of the feminine and the maternal filicide, proposing a look beyond the social construction of motherhood, in the perspective of contributing to the formulation of a dignified defense for the filicide. The guiding question of the discussions revolves around the investigation into the influence of stereotypes for the trial, before the jury, of a mother who kills her own child. The focus of filicide was limited to child and adolescent victims, since the approach aims to analyze the filicide's deviation from the stereotype of a caring mother in the face of children who are under her care and responsibility. It is questioned how the stereotyped models that society formulates can serve as a basis for the decision-making of the jurors, who are immersed in society and, therefore, participate in the construction of these stereotypes. This is a bibliographic research, which seeks to collect data on the occurrence of maternal filicide and the socially imposed standards for the construction of the maternal figure, in order to obtain subsidies capable of assisting in the analysis of the influence that stereotypes have on the decision-making of the jurors. It is justified by the necessity of bringing new contributions to studies on women's issues, pointing out reflections, analysis and possible inferences with regard to maternal filicide, in order to prevent silence on such issues from perpetuating omission and injustice. Adopting the female gender as a continuous construction, it was sought the discussion on the deconstruction of stereotypes that establish a profile and rigid social roles for women. In the first chapter, the feminine and the construction of stereotyped patterns about the woman, the mother and the criminal were discussed, presenting the social and legal models of feminine and masculine, to question the social and legal measure of equality between parents and to analyze the filicide in this context. The second chapter deals with maternal filicide, to investigate how the filicidal mother is judged, identifying the criteria defined by law, for typification, punishment and setting the penalty. In the third chapter, the analysis of the (im)possibility of comparing the conviction of the filicide was exposed, given the difficulty of breaking stereotypes and its proven simplifying function in the decision-making process, highlighting the specificities of the crime on which there are little research and data are incipient. In the end, it is shown that the deconstruction of stereotyped models is not authorization for a mother to kill her child, nor a mere attempt to alleviate the penalty of the filicide, but an essential posture to prevent the crime.