Formação da agenda governamental de enfrentamento à violência contra a mulher

Santana, Maribel Fernandes Ribeiro; Fernandes, Antônio Sérgio Araújo; Silva, Monica de Aguiar Mac-Allister da; Teixeira, Marco Antônio Carvalho

doi:10.12660/cgpc.v30.90197

person Maribel Fernandes Ribeiro Santana

Conceptualization · Data curation · Formal analysis · Investigation · Methodology · Project administration · Resources · Software · Writing – original draft · Writing – proofreading, and editing

schoolCasa Militar do Governador, Governo do Estado da Bahia, Salvador, BA, Brazil

0009-0007-0007-1190

person Antônio Sérgio Araújo Fernandes *

Conceptualization · Data curation · Formal analysis · Methodology · Project administration · Supervision · Validation · Visualization · Writing – proofreading, and editing

schoolUniversidade Federal da Bahia, Escola de Administração, Salvador, BA, Brazil

0000-0002-4171-7759

person Monica de Aguiar Mac-Allister da Silva

Conceptualization · Data curation · Formal analysis · Methodology · Project administration · Supervision · Validation · Visualization · Writing – proofreading, and editing

schoolUniversidade Federal da Bahia, Escola de Administração, Salvador, BA, Brazil

0000-0002-4852-1898

person Marco Antônio Carvalho Teixeira

Data curation · Formal analysis · Validation · Visualization · Writing – proofreading, and editing

schoolFundação Getulio Vargas, Escola de Administração de Empresas de São Paulo, São Paulo, SP, Brazil

0000-0003-3298-8183

person*Corresponding author

CONFLICTS OF INTEREST

The authors have no conflicts of interest to declare.

MULTIPLE STREAMS
The problem stream	Seeks to interpret how problems are recognized and why only some of them, among a wide range of problems, occupy the government’s agenda. This process can occur through three mechanisms: monitoring indicators, crisis events and situations, and feedback from government actions – Indicators and diagnosis
The policy stream	Aims to understand how ideas capable of solving certain problems are generated. Alternatives are generated by communities of experts, governmental or not, who share a concern about an area of interest. Ideas emerge, combine, recombine, and at the heart of this dynamic, some of them disappear, while others survive and prosper – Public Policies
The political stream	Involves political events considered powerful agenda-setters. Regardless of the recognition of a problem or the available alternatives, the political stream follows its own dynamics and rules – Forces and Interests

CONCEPTION

ELEMENTS

CHARACTERIZATION

Governmental Agenda-Setting

Federal government’s agenda-setting

Problems – Indicators and diagnostics

Policies – Public policies

Political Context – Forces and interests

Political System

Judiciary

Society

ANALYTICAL CONCEPTUAL DIMENSIONS	PROBLEM OBJECT	EMPIRICAL DIMENSIONS
Governmental Agenda-Setting	Federal government’s agenda-setting	Evolution of the Formulation of the National Policy to Combat Violence Against Women

DIMENSIONS

INFORMATION AND DATA SOURCES

Federal government’s agenda-setting

Information:

Actions implemented at the executive, legislative, and judiciary levels.

Federal government investments and transfers to states.

Contracts and projects completed.

Data Sources:

Articles, thesis, and dissertations – Platform Scielo: 33 selected works; Documents:

a. Letter of Brazilian Women to the Constituents;

b. Speeches of the President;

c. Programs of Government;

d. Bills and passed laws, particularly Law 11340, August 07, 2006, Lei Maria da Penha (Lei n. 11.340, 2006);

e. National Policy to Combat Violence Against Women (Secretaria de Políticas para as Mulheres, 2011);

f. Official reports and documents of the Secretary of Policies for Women of the Presidency;

g. Memoranda of Conferences and Public Hearings of Women.

EVOLUTION OF THE LEGISLATION (1988-2020)
1988	1988 Brazilian Federal Constitution – provides on the state’s obligation to combat violence within family relations; provides on gender equality (Constituição da República Federativa do Brasil, 1988).
1995	Law 9099 creates the Special Civil and Criminal Courts to deal with most domestic violence cases.
2006	Law 11340/2006 – Lei Maria da Penha (LMP). The bill was submitted to SPM/BR, discussed in hearings with the participation of civil society organizations, and sent to the Brazilian National Congress (Lei n. 11.340, 2006)
2010	Technical norms establishing the standards of specialized police stations for women (DEAMs) (Brasil, 2010)
2017	Law 13505/2017 – Provides for the right of women suffering from domestic and family violence to access specialized and continuous police and forensics services delivered, preferably by female civil servants.
2018	Law 13641/2018 – Qualifies the crime of non-compliance with urgent protective measures. Law 13772/2018 – Recognizes that the violation of a woman’s intimacy is considered domestic and family violence and qualifies as a crime the unauthorized record of content with nude scenes or sexual or libidinous act of an intimate and private nature.
2019	Law 13827/2019 – Authorizes the application of an urgent protective measure by the judicial or police authority. Law 13836/2019 – Makes it mandatory to inform about the condition of persons with disabilities of women victims of domestic or family aggression. Law 13871/2019 – Provides for the perpetrator’s responsibility for costs related to health services carried out by the Brazilian National Health System (SUS) to domestic and family violence victims and expenses related to the security mechanisms involved in the case. Law 13880/2019 – Provides for the seizure of a firearm registered or in the perpetrator’s possession in cases of domestic and family violence against women. Law 13882/2019 – Guarantees the enrollment of dependents of women victims of domestic and family violence in a basic education institution closest to their home. Law 13894/2019 – Provides for the jurisdiction of the Courts of Domestic and Family Violence Against Women to take action for divorce, separation, marriage annulment, or dissolution of a stable union in cases of violence.
2020	Law 13984/2020 – Establishes that the perpetrator must attend an education and rehabilitation center and submit to psychosocial support as urgent protective measure.

2007	Law 11,441/2007 – Amends provisions of Law 5869, of January 11, 1973 – Code of Civil Procedure, enabling the carrying out of inventory, sharing, consensual separation and consensual divorce by administrative means. Recommendation 9/2007 – Recommends to the Courts of Justice the creation of Courts for Domestic and Family Violence Against Women and the adoption of other measures, provided for in Law 11340/2006 (Lei n. 11.340, 2006).
2010	Resolution 120/2010 – Amends provisions of Resolution 35/2007, which regulates the application of Law 11441/07 by notary and registration services.
2011	Resolution 128/2011 – Determines the creation of State Coordination for Women in Situation of Domestic and Family Violence within the scope of the Courts of Justice of the States and the Federal District.
2013	Resolution 179/2013 – Changes the wording of art. 12 of Resolution 35, of April 24, 2007, which regulates the application of Law 11441/2007 by notary and registration services.
2014	Ordinance 55/2014 – Appoint representatives for the Permanent Movement to Combat Domestic and Family Violence against Women.
2016	Resolution 220/2016 – Amends provisions of Resolution 35/2007 of the CNJ, to expressly consider the hypothesis of the virago spouse being pregnant or at least not being aware of this condition. Ordinance 54/2016 – Establishes a working group to develop studies aimed at amending Resolution 128/2011 of the CNJ, in compliance with the parameters of Restorative Justice.
2017	Ordinance 15/2017 – Establishes the National Judicial Policy to combat violence against Women in the judiciary and provides other measures.
2018	Technical Cooperation Term 43/2018 – Signed by the National Council of Justice, the National Council of the Public Prosecutor’s Office and the Ministry of Human Rights, aiming at the creation and implementation of the National Risk Assessment Form for the prevention and confrontation of crimes committed in the context of domestic and family violence against women. Ordinance 164/2018 – Establishes a working group aimed at creating and implementing the National Risk Assessment and Life Protection Form – (FRIDA) model for preventing and combating crimes committed in the context of domestic and family violence against women. Ordinance 145/2018 – Appoints supervisor and Assistant Judge to monitor the National Judicial Policy to Combat Violence Against Women. Resolution 254/2018 – Establishes the National Judicial Policy to combat violence against women by the judiciary and provides other measures.
2020	Ordinance 262/2020 – Amends CNJ Ordinance 259/2020, which establishes a working group to prepare studies and proposals aimed at combating domestic and family violence against women. Ordinance 259/2020 – Establishes a working group to prepare studies and proposals aimed at combating domestic and family violence against women.

STATE	2016	2017	2018	2019	2020	2021
São Paulo	09	13	16	22	22	28
Rio de Janeiro	11	11	11	11	11	11
Acre	01	01	02	02	01	01
Pará	04	04	04	04	04	04
Mato Grosso	04	05	04	04	04	04
Paraíba	02	02	02	02	02	02
Pernambuco	10	10	10	10	10	10
Alagoas	02	02	02	02	01	01
Amazonas	02	03	03	03	03	03
Piauí	01	01	01	01	01	01
Paraná	-	01	02	02	03	03
Amapá	02	02	02	02	02	02
Bahia	06	07	07	08	08	09
Ceará	02	02	02	02	03	03
Rio Grande do Norte	04	05	05	05	05	05
Rondônia	01	01	01	01	01	01
Roraima	01	02	02	02	02	02
Distrito Federal	16	16	16	16	16	15
Espírito Santo	05	06	06	06	06	06
Goiás	03	04	09	09	09	09
Rio Grande do Sul	09	09	09	09	09	10
Santa Catarina	01	01	01	01	01	01
Maranhão	02	03	03	03	03	03
Sergipe	01	01	01	01	01	01
Minas Gerais	04	04	04	05	04	04
Mato Grosso do Sul	03	03	03	03	03	03
Tocantins	03	03	03	03	03	03

YEAR	TOTAL
2016	422,718
2017	479,566
2018	518,361
2019	568,228
2020	558,971
2021	630,948

YEAR	TOTAL
2016	249,406
2017	301,319
2018	332,298
2019	396,729
2020	399,547
2021	438,688

[TFN1] Source: Based on information from Chamber of Deputies (Brasil, 2024).