Disputing the application of laws: the constitutionality of the Brazilian Statute against domestic violence in the courts

This study aimed to map the key positions regarding the constitutionality of the Maria da Penha Law (Law 11.340/2006) in the Brazilian judicial system. The law, the result of political struggles by the Brazilian feminist movement, has been the subject of discussions in the public sphere and actions aimed at consolidating its constitutionality before the Federal Supreme Court. We examined and discussed the arguments used in the Courts, intending to show that the creation of law is not limited to the legislative moment, but rather that its social meaning is also constituted through disputes within the Judiciary.

Domestic violence in Brazil: social problems and legislative interventions

Recent statistical data confirms that domestic violence is a structural problem of exceptional gravity. We analyze the frequent legislative changes in Brazil since 2000 as a result of social pressure for protection of abused women. Only the Law 11.340 of 2006 was well received by lawyers, judges and the public opinion. We present the innovations and peculiarities of this statute and the allegations on unconstitutionality. We discuss cases of judicial review of this law and reject the arguments of unconstitutionality. That notwithstanding, we argue that penalization decisions is the wrong way from a criminological point of view because they do not take into consideration the desires and needs of the victims.

A competência mista dos juizados de violência doméstica e familiar contra a mulher: entre as perspectivas ampla e a restrita para “o processo, o julgamento e a execução das causas decorrentes da prática de violência doméstica e familiar contra mulher”

O presente trabalho tem por objetivo realizar uma análise dos contornos da competência cível dos Juizados de Violência Doméstica e Familiar contra Mulher prevista na Lei Federal n. 11.340/2006, e a possível limitação à atuação desses juizados nesta esfera cível, que tem sido alvo de algumas interpretações jurídicas, e assim ensejando o descumprimento de acordos e recomendações internacionais ratificados em decretos legislativos.

The relationship between school violence and student proficiency

School violence has recently become a central concern among teachers, students, students' parents and policymakers. Violence can induce behaviors on educational agents that go against the goals of improving the quality of education and increasing school attendance. In fact, there is evidence that school environmental characteristics and student performance and behavior at school are related. Although school violence may have a direct impact on students’ performance, such impact has not yet been quantified. In this paper, we investigate this issue using Brazilian data and show that, on average, students who attended more violent schools had worse proficiency on a centralized test carried out by the Brazilian Ministry of Education, even when we controlled for school, class, teachers and student characteristics. We also show that school violence affects more the students from the bottom of the proficiency distribution. Furthermore, we find out that besides the direct effect on student proficiency, it seems that school violence has an indirect effect on it operating through teacher turnover. Indeed, we show that the occurrence of violent episodes in a school decreases the probability of a class in that school having only one teacher during the academic year, and increases the probability of that class having more than one teacher (teacher turnover).