As mulheres e as sentenças judiciais de acolhimento institucional na sociedade do valor

• Ano de defesa: 2019
• Autor(a) principal: Tiba, Helene Yuri Anaguchi [UNIFESP]
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal de São Paulo (UNIFESP)
• Palavras-chave em Português: Women; State; Care; Judicial Decisions; Institutional Home; Mulheres; Estado; Cuidado; Sentenças Judiciais; Acolhimento Institucional
• Link de acesso: https://sucupira.capes.gov.br/sucupira/public/consultas/coleta/trabalhoConclusao/viewTrabalhoConclusao.jsf?popup=true&id_trabalho=7645424; https://repositorio.unifesp.br/handle/11600/59763

State institutionalization of poor children and adolescents is a common practice since the expansion of industrialization in Brazil. However, the protection of childhood and adolescence by the State overwhelms, especially, women who remain legally responding to the care and protection of their children by historically occupying the private domestic space. In this situation, the Judiciary is often called upon to prosecute women accused of negligence, mistreatment, violence and abandonment of children and adolescents, in cases requesting the application of a protective institutional measure. When the Judiciary decides for this institutional reception measure, it manifests the state power to prevent the sentenced woman from exercising custody. This same individualized legal act that discriminates and blames a particular woman reaffirms, by its structural foundations, the place of women in bourgeois sociability. This impediment of custody and the consequent withdrawal of the woman's social function of caring for her / his children are legal acts that make it possible to analyze the intentionality and justification of the way in which state power operates. Thus, this work aims to understand how the value form determines the repressive and ideological control of women, present in judicial sentences of institutional reception, using the method of "new Marxism" presented by Mascaro (2013). Bibliographical and documentary research has shown that the form of legal subjectivity and the state political form operate so that women, marked by deep adversities and sufferings constituted by patriarchy, racism and the unprotected classes to which they belong, are found guilty of non-care to infancy, a consequence of the "lower value" attributed to them in social relations. The judicial sentences produced in these processes largely blame women, poor and alone, with legal arguments crossed by social forms derived from the value-commodity form.