Estupro de mulheres e saberes sobre gênero no direito penal: discursos jurídicos sobre o estupro em processos judiciais oriundos das Varas Criminais de Campina Grande – Paraíba, no período de agosto de 2008 a agosto de 2014.

Abstract

Having as object of study the rape of women in juridical discourse, it was aimed to problematize practical and discursive formations involving the formation of legal truth about rape in criminal cases. The discussion on this topic is important, given the specialization of gender identified in this violence and the existence of justifications for sexual violence in juridical statements, being notorious the lack of studies on the subject in the field of Law that have feminist slant and transforming pretense. To find possible answers to the issues raised in this study, it was discussed in the first chapter about the theoretical references of sex/gender, biopolitics, sexuality dispositive and love dispositive, and also the historical evolution of the crime of rape; in the second chapter, the relationship between the formation of legal truth about rape and the judges' posture towards the procedures of collection and analysis of proofs; and in the third, the interpretative impact of rape, under the cutouts of sexual dimorphism, love dispositive and control of children and youth's sexuality. A qualitative research of analytical character was made through discourse analysis that was developed on the data collected from judgments of the Court of Justice from Paraíba, in cases originated in criminal courts of Campina Grande - PB, in the period between August 2008 and August 2014.