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The trial of a man arrested after assaulting his companion with a doll, generated a conflict of opinions between Judges of Águas Lindas de Goiás, around the Federal District. Initially, during a custody hearing, the judge on duty decided to keep the suspect in jail, but another magistrate disagreed and said there was a “punishment feminism” by revoking the arrest.
The case happened on February 10. Two days later, the suspect underwent custody hearing, chaired by the Judge Lívia Vaz. At the time, the Goiás Public Prosecution Service (MPGO) manifested itself in favor of man’s freedom, with the imposition of precautionary measures.
The magistrate stated that the colleague acted by letter/photo: Reproduction
Even so, the judge chose to keep him detained. The magistrate claimed that “being the only woman in the room, while she can save a woman’s life will keep the alleged attacker arrested.”
However, the vision of Felipe Morais Barbosa, judge of the Court of Domestic and Family Violence against Water Lindas, was completely different. He ordered the suspect to be released and imposed on precautionary measures as a prohibition to approach the victim.
The magistrate stated that the colleague acted by office, that is, without a request for maintenance of the prison. Barbosa understood that the conversion of the arrest in the act to pre -trial detention occurred without express request of the MP, “which constitutes a violation of the accusatory system and compromises the legality of the decision.”
“Criticism of punitivist feminism is central to authors such as Angela Davis and Juliana Borges, who demonstrate how the expansion of the state’s punitive power does not necessarily protect women and can reinforce oppression structures that disproportionately affect historically subordinate populations,” he said.
“A feminism that advises for justice and human dignity must necessarily consider that the fight against gender violence cannot be done at the expense of procedural guarantees,” he added.
