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Article

English, Spanish, French, Portuguese, Other

ID: <

oai:doaj.org/article:173b9f3a3fda450c91607a0d93dfdfc2

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Reparation, justice and domestic violence: perspectives for reflection and action/Compensation, justice and domestic violence: perspectives for thinking and acting

Abstract

By means of an ethnographic search for a special juiser of domestic and family violence against women, the article discusses the limits and possibilities of listening to the parties for the perception of justice in cases characterised as domestic violence. In dialogue with ethnographies pointing to the limited space for narrative development of conflict in the judicial area, this research looked at an innovative experience of multidisciplinary equipe in the Federal District, indicating effective ways to explore, in dealing with cases, commonly related dimensions of judicial practice, such as the nature of the conflict, the narrative development of the parties’ interpretations of the conflict, as well as the feelings and emotions associated with the perception of the aggression. On the other hand, the limitations of incorporating this space into the predominant judicial logic are evident, indicating tensions and constraints that make it difficult to perceive the results as fair and equestrian. In that regard, the approach to safeguarding women’s rights and the logic of the adversarial process, which poses serious dilemmas for the effective administration of such conflicts are highlighted. Abstract This paper discussions and possibilities of judicial practices of handling for the perception of justice by the parties involved in domestic violence cases. Dialoging with ethnographic research that points out the limited space for narrative elaboration on the conflict in judicial forms of conflict resolution, this paper analogue an innovative approach developed in one special court at the Federal District, Brazil, indicating effective forms of recognition of dimensions customary by judicial practices, such as the nature of the conflict, the Symbolic Meanings assigned by the parties to the conflict and its emotional dimension. On the other hand, we point out the limits for incorporating such an approach into the preventive judicial logic, indicating the tensions and qualifying factors which prevent the perception of fairness of the legal results. In this sense, they are brought to light the tutelary perspective on the Women’s Rights and the Contradictory Logic, which is about deep dilemmas against an effective management of this conflict.

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