A demora nos processos envolvendo violência doméstica e familiar à luz dos critérios definidos pelas Cortes Internacionais de Direitos Humanos

Abstract

This dissertation analyzes the main factors that, in practice, lead known criminal cases, involving domestic and family violence against women, to take more than eight years to be closed. It also examines if there were undue delays in light of the objective criteria defined by the International Courts of Human Rights. It aims to study the concrete causes of some judicial processes, under the jurisdiction of the Courts of Domestic and Family Violence against Women, particularly in the State of Mato Grosso, that would make them take so long to be processed and to identify whether this delay can be considered unreasonable in light of the criteria defined by the International Courts of Human Rights. Qualitative and quantitative field research with a descriptive nature was the methodology used The study was based on bibliographic research and documentary analysis of criminal cases related to domestic and family violence against women that had been in progress for more than eight years. The study carried out bibliographic research through consultations with books, theses, dissertations, articles and publications on the web. In addition, it investigated and analyzed criminal judicial processes that had been in progress for more than eight years and then made field research and in-depth interviews also using questionnaires.It was found that, according to the literature, the crisis of the Judicial Power is associated with the crisis faced by the State itself and occurs in three distinct areas: institutional, structural, and related to procedures. Institutional due to the constitutional expansion of the scope of the Judiciary Branch; structural due to the insufficient workforce and material resources. Then, on the grounds of deficiencies in infrastructure, the large number of appeals and incidents which were the results of complex routines and procedures, and, finally, due to the numerous inflection points. The field research performed through the examination of criminal cases involving domestic and family violence against women revealed that above all, the delay is due to serious structural problems. Therefore, based on the criteria established by the precedents of the International Courts of Human Rights, notably by the European Court, it is possible to conclude that there were undue delays in the cases examined. Finally, solutions were pointed out for the identified causes.