Una perspectiva psicológica-jurídica da violência de género = Una perspectiva psicológico-jurídica de la violencia de género

Abstract

Abstract A juridical-psychology perspective of gender violence The present investigation raises the inquiry regarding the punitive severity of judicial decisions, establishing as main crime the conjugal violence and the justificatory causes shown in the sentences. As previously mentioned the objectives of the present work are: (i) How does the Applicator absorb the message emanated from the Legislator, political entity? That is: does the Applicator adopt the legislative rational or does he appropriate it, for example by memorizing its legislative dimension, producing other (or different) application statements?; and, (ii) If such a application distortion shall occur, for less severity has the offender already grasped that fact? In other words: does the domestic delinquent already feel a certain impunity? From where, the epicentral question: can the courts turn into exculpated entities for the crime of domestic violence? The practical component is based on data collected from archived cases related to the crime of conjugal violence and its psychological justice analysis, using, for this purpose, the Criminalization Severity Index and Psychologization (Secondary Criminalization) (ISPP-CS) Poiares, 2009). The Criminalization Severity Index and Psychologization (Secondary Criminalization) - ISPP-CS) has as a general objective the analysis of the penalizing severity, as well as the allowance of the verification of the level of psychologization of the judicial process, that is, the use of information and scientific knowledge provided by Forensic Psychology and its reception in sentencing. In the severity section, the index intends to evaluate the degree of penalty, from null to elevated, and can be applied to any crime, since the study is based on the standards of criminal dosimetry (= penalty frame for each criminal type), the results are expressed in percentage. The population comprises all elements that share common characteristics, defined by the criteria established for the study: processes of conjugal violence, with Portuguese nationality. We chose a sample of the non-probabilistic type by trial. It is the type of sample in which the elements that make up the subgroup are chosen due to their presence in a place at a given moment. This type of sampling is ideal when the population is small and in exploratory studies (Fortin, 2003). The data collection took place in the District of Lisbon, Local Criminal Instance - 1st Central Criminal Investigation Section. The sample consists of thirty-five cases (n = 35), all of them in the area of domestic violence (article 152), in relation to the spouse or ex-spouse or people in a relationship similar to that of the spouses. The results of the analysis allow to conclude that the deficit in the fight against domestic violence is situated in two phases of the criminalization process: in the primary, due to the fact that the penalties applied have appropriate dosimetries in the requirement of the duration for suspension of the sentence (Article 50). Of the CP); and in the secondary, given that, as is results from the empirical investigation, the judges use the suspension of punishment in an almost perjury way, combining both levels for the transmission of a message of impunity that is the main friend of the reproduction of violent behavior. In terms of violence in the conjugality context, with and without legal ties, it is important to enable punitive measures and psychological support, which can reprogram the offender - this is the area of tertiary criminalization (where punishment and reintegration are consecrated) ); and the time of punishment should, in this and other expressions of crime, coincide with the re-socializing timing, making clear the illicit behavior. One of the objectives of the instrument that is applied lay within the investigation of the contribution of Psychology to the judicial area: a minimal incidence has been detected, considering the so-called social reports, whose psychological dimension is often exiguous. The results, although merely indicative, show a low punitive severity in the context of conjugal violence, which may indicate the need to restructure the punitive context in crimes of this nature, both in primary and secondary criminalization, demanding a psychological justice approach of this problematic.