Prelims
ISBN: 978-1-80071-566-0, eISBN: 978-1-80071-565-3
Publication date: 21 April 2021
Citation
Macaulay, F. (2021), "Prelims", Transforming State Responses to Feminicide: Women's Movements, Law and Criminal Justice Institutions in Brazil (Perspectives on Crime, Law and Justice in the Global South), Emerald Publishing Limited, Leeds, pp. i-xv. https://doi.org/10.1108/978-1-80071-565-320211008
Publisher
:Emerald Publishing Limited
Copyright © 2021 Emerald Publishing Limited
Half Title Page
TRANSFORMING STATE RESPONSES TO FEMINICIDE
Series Page
PERSPECTIVES ON CRIME, LAW AND JUSTICE IN THE GLOBAL SOUTH
Series editors: Prof Kerry Carrington and Prof Máximo Sozzo
Scholarly perspectives on crime, law and justice have generally been sourced from a select number of countries from the Global North, whose journals, conferences, publishers and universities dominate the intellectual landscape. As a consequence, research about these matters in the Global South has tended to uncritically reproduce concepts and arguments developed in the Global North to understand local problems and processes. In recent times, there have been substantial efforts to undo this colonized way of thinking leading to a burgeoning body of new work. Southern theories, subaltern knowledges and border epistemologies are challenging the social science to open up new ways of thinking about society, crime, law and justice.
This book series aims to publish and promote innovative new scholarship with a long term view of enhancing cognitive justice and democratising the production of knowledge. Topics of interest from the perspective of the global south include - environmental and ecological plunder; gendered violence; religion, war and terror; drug wars; the historical and contemporary legacies of slavery; the contemporary legacies of injustice arising from dispossession and colonisation; systems of punishment and forms of customary or transitional justice; human rights abuses and struggles for justice - all of which threaten the security of peoples who inhabit the global south.
Previous Volume:
Southern Green Criminology: A Science to End Ecological Discrimination
Edited by David Rodríguez Goyes
Forthcoming Volumes:
Perspectives on the Histories of Punishment in Ireland
Edited by Lynsey Black, Louise Brangan and Deirdre Healy
International Editorial Advisory Board
Prof Elena Azaola Garrido, Centre for study and investigation Social Anthropology, Mexico
Prof Rosemary Barberet, John Jay College of Criminal Justice, USA
Dr Jarrett Blaustein, Lecturer in Criminology, Monash University, Australia
Prof G.S. Bajpai, Registrar & Professor, National Law University, Delhi, India
Associate Prof Avi Brisman, University of Kentucky, USA
Prof Meda Chesney-Lind, University of Hawaii, USA
Prof Elliott Currie, University of California, USA
Prof Camila Prando, University of Brazil, Brazil
Prof Patricia Faraldo Cabana, University of A Coruna, Spain
Dr Kate Fitzgibbon, Monash University, Australia
Prof Manuel Iturralde, Universidad de Andes, Colombia
Prof Jianhong Liu, University of Macau, China
Dr David Rodriguez Goyes, Assistant professor at the Antonio Nariño University, Colombia
Prof Vera Malaguti, State University of Rio de Janeiro, Brazil
Prof Ragnhild Sollund, University of Oslo, Norway
Elizabeth Stanley, Victoria University of Wellington, New Zealand
Prof Clifford Shearing, University of South Africa, South Africa
Dr Leon Moosavi, Director of the University of Liverpool, Singapore
Prof Nigel South, University of Essex, UK
Prof Sandra Walklate, University of Liverpool, UK
Prof Richard Sparks, University of Edinburgh, UK
Prof Robert White, University of Tasmania, Australia
Prof Chuen-Jim Sheu (許春金), National Taipei University, Hong Kong
Prof Eugenio R. Zaffaroni, University of Buenos Aires, Argentina
Dr Diego Zyman, University of Buenos Aries, Argentina
Title Page
TRANSFORMING STATE RESPONSES TO FEMINICIDE
Women’s Movements, Law and Criminal Justice Institutions in Brazil
Fiona Macaulay
University of Bradford, UK
United Kingdom – North America – Japan – India – Malaysia – China
Copyright Page
Emerald Publishing Limited
Howard House, Wagon Lane, Bingley BD16 1WA, UK
First edition 2021
© 2021 Emerald Publishing Limited
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British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
ISBN: 978-1-80071-566-0 (Print)
ISBN: 978-1-80071-565-3 (Online)
ISBN: 978-1-80071-567-7 (Epub)
Contents
List of Tables | ix | |
Glossary of Terms and Abbreviations Used | xi | |
Map of Brazil | xiii | |
Acknowledgements | xv | |
Chapter One: Feminicide as a Latin American Issue | 1 | |
Introduction | 1 | |
Genesis, Methodology, and Sources | 4 | |
Feminicide: The Emergence of a Concept | 5 | |
Thirty Years of Global Activism and Policy Development | 8 | |
Putting Gender-based Violence on the Agenda in Latin America | 11 | |
The Political Environment of Responses to Gender-based Violence in Brazil | 13 | |
New Right Politics and ‘Gender Phobia’ | 19 | |
Chapter Two: Legislating Feminicide | 23 | |
Introduction | 23 | |
Legal Change in Brazil: From Domestic Violence to Feminicide | 23 | |
Latin American Laws on Feminicide | 27 | |
The Cotton Field Judgement | 28 | |
Definitions and Typologies of Feminicide | 29 | |
Brazil’s Anti-feminicide Law | 33 | |
Seizing a Legislative Opportunity | 33 | |
The Law’s Significance and Interpretation | 37 | |
Chapter Three: Recording, Recognising, and Investigating Feminicide | 43 | |
Introduction | 43 | |
Recording Feminicide | 44 | |
Feminicide Watches | 46 | |
Modifying Police Terminology and Improving Data | 48 | |
Recognising Feminicides | 50 | |
Victims, Vulnerability, and Intersectionality | 50 | |
Race and Ethnicity | 51 | |
Transgender Women | 52 | |
Women Connected to Criminal Groups | 53 | |
The Features of Feminicides | 54 | |
Investigating Feminicide | 56 | |
Diffusing Good Police Practice | 59 | |
Chapter Four: Prosecuting and Punishing Feminicide | 65 | |
Introduction | 65 | |
Justice Delayed, Justice Denied: Getting Feminicide Cases to Trial | 66 | |
Framing Feminicide in Court: Judges, Juries, and Defence Strategies | 69 | |
Jury Trials in Brazil | 70 | |
Exculpatory Strategies: ‘Honour’, Emotion, and Provocation | 71 | |
Jurisprudence and Changing Judicial Attitudes | 75 | |
Getting to Trial and Improving Conviction Rates | 78 | |
Prosecuting more Effectively | 79 | |
Speeding up Proceedings | 80 | |
Chapter Five: Preventing Feminicide | 85 | |
Introduction | 85 | |
Enforcing Restraining Orders | 86 | |
The Maria da Penha Patrols | 86 | |
Panic and Protection Apps and GPS Tracking | 92 | |
Risk Assessment Tools | 94 | |
Primary Prevention | 97 | |
Changing Police Cultures | 97 | |
Community Education | 100 | |
Chapter Six: Conclusions | 105 | |
Policy Innovation and Diffusion | 107 | |
Women’s Movements and Transnational Actors | 108 | |
Legislation and Implementation | 109 | |
Political Environment | 110 | |
Challenges | 114 | |
References | 117 | |
Index | 131 |
List of Tables
Table 1 | Types of Feminicide | 33 |
Table 2 | Homicide and Feminicide in Brazil from 2007 to 2019 | 45 |
Glossary of Terms and Abbreviations Used
bancada feminina | cross-party women’s caucus in Brazilian legislatures |
Belém do Pará Convention | Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women |
BO | Police incident report (boletim de ocorrência) |
CCJ | Standing Committee on Constitution, Justice and Citizenship (Comissão de Constituição, Justiça e Cidadania) |
CEDAW | UN Convention for the Elimination of all Forms of Discrimination Against Women |
CEVID | Committee on Women and Domestic Violence (Coordenadoria Estadual das Mulheres em Situação de Violência Doméstica e Familiar) |
CIM | Inter-American Commission of Women (Comisión Interamericana de Mujeres) |
CNDM | National Council for Women’s Rights (Conselho Nacional dos Direitos da Mulher) |
CNJ | National Justice Council (Conselho Nacional de Justiça) |
CNMP | National Prosecutor’s Office Council (Conselho Nacional do Ministério Público) |
DEAMs | Women’s police stations (Delegacias Especializadas no Atendimento à Mulher) |
delegacia | Police precinct (run by the civil police, for the investigation of crimes) |
FBSP | Brazilian Forum on Public Safety (Fórum Brasileiro de Segurança Pública) |
feminicide | the intentional killing of a girl or woman for reasons related to social norms around gender roles |
homicídio privilegiado | mitigated homicide, voluntary manslaughter |
homicídio qualificado | aggravated homicide |
IACHR | Inter-American Commission on Human Rights |
JECrims | Criminal misdemeanour courts (Juizados Especiais Criminais) |
MESECVI | Follow-up Mechanism to the Belém do Pará Convention (Mecanismo de Seguimiento de la Convención de Belém do Pará) |
Model Protocol | Latin American Model Protocol for the Investigation of Gender-related Killings of Women (femicide/feminicide) |
MP | Public Prosecutor’s office (Ministério Público) |
MPU | urgent protection measure (medida protetiva urgente) |
NGO | Non-governmental organisation |
OAS | Organization of American States |
Procuradoria da Mulher | Women’s Advocacy Office in Congress |
PT | Workers’ Party (Partido dos Trabalhadores) |
SPM | Special Secretariat for Policies for Women (Secretaria Especial de Políticas para as Mulheres) |
STF | Federal Supreme Court (Supremo Tribunal Federal) |
STJ | Supreme Court of Justice (Superior Tribunal de Justiça) |
TJ | State-level appellate court (Tribunal de Justiça) |
UN | United Nations |
UNSR | United Nations Special Rapporteur on Violence against Women |
UN Women | United Nations Entity for Gender Equality and the Empowerment of Women |
Map of Brazil
Acknowledgements
This book is dedicated to the many researchers, academics, and criminal justice system professionals across Brazil whose insights have informed this book. It is always a privilege to spend time talking to individuals who are on the front-line of making change happen and have dedicated their working lives to reducing fear and insecurity for ordinary Brazilians, especially women and girls. I am especially grateful to colleagues in the Brazilian Forum on Public Safety for their support and for their pioneering work transforming the quality of criminal justice data and of public policy on crime and violence.