Uma boa mulher é difícil de encontrar? Reflexões sobre a “vítima ideal” no direito penal

45 | 2022

Madalena Duarte

Centro de Estudos Sociais / Faculdade de Economia da Universidade de Coimbra, Coimbra, Portugal
https://orcid.org/0000-0001-5797-3055

Is a Good Woman Hard to Find? Reflections on the “ideal victim” in criminal law

Feminist jurisprudence has posed several challenges to Law, pointing it out as a way of reproducing sexual and gender inequalities. In this paper, through the analysis of case law about violence in intimate relationships and femicide, I will seek to identify some of the most common gender stereotypes in judicial narratives, particularly in relation to the victim. The results demonstrate that, in a more or less subtle way, a legal imaginary about victimization persists in legal culture. This imaginary is influenced by stereotyped ideas of femininity (and masculinity) that it is important to deconstruct.

Keywords

Feminist jurisprudence, victim, violence, legal culture, stereotypes

DOI: https://doi.org/10.22355/exaequo.2022.45.04
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