A responsabilização penal da mãe por omissão em caso de estupro de vulnerável enquanto vítima de violência doméstica e familiar

Abstract

Domestic and family violence is a reality present in Brazilian society and this fact stems from the non-conformity in breaking the symbolic notion that power belongs exclusively to men. Given this situation, it appears that the cultural entrenchment of gender stereotypes and discrimination resulting from the historical process experienced imposes on women a duty of maternal care, as well as promoting a culture of discrediting the women's words in cases of violence. Thus, this research aims to analyze maternal responsibility for omission in cases of rape of a vulnerable person as a victim of domestic and family violence under the following perspectives: to verify the symbolic violence and the power relationship existing in Brazilian society related to gender inequality; conduct an analysis of the Maria da Penha Law and its impact on the current legal order; and examine the consequences of the crime of inappropriate omission in relation to the crime of rape of the vulnerable and the duty of maternal care. Due to the research carried out, the following points were obtained, among others: the identification of the situation of vulnerability of women in view of the recognition, by the Maria da Penha Law, of the existence of a plurality of forms of committing violence in counterpoint to forensic practice in which the mother suffers revictimization when trying to promote the denunciation of both crimes suffered, domestic and family violence and the crime of rape of vulnerable against offspring.