O direito e a tragédia dos corpos femininos: do ego conquiro ao femina recte até a epistemologia de encruzilhada

Abstract

The theme of this thesis permeates the ways in which the Law contributed to the oppression of women and their subordination in Brazil, aggravated by their coloniality and racialization, providing the opportunity to create a social imaginary (supported at times by the legislation itself and at others by the legal practices), which enabled objectification and violence against their bodies. The delimitation of the theme involves the feasibility of an epistemological rupture in the Theory of Law in order to make possible transformations that include women in the production of knowledge in/of Law, still established today as a field of knowledge mostly male and hierarchical, which, ends up reflecting on the reproduction and maintenance of a state of violence, even in the face of the reformulation of norms and concepts that aim to curb it. The problem related to this context was to verify to what extent an epistemological change that contemplates the gender perspective in the production of knowledge in/of Law is possible. To meet the general objective, four specific objectives were elaborated: a) to determine the historical-philosophical conditions of constitution of the Ego Conquiro Law; b) verify the trajectories of realization of the Ego Conquiro Law from colonization to contemporary times; c) investigate the legal and theoretical paths towards a Right Femina Recte from the Human Rights of Women; d) identify the possibility of carrying out epistemological changes in the realization of a Femina Recte Law. The theoretical basis for the elaboration of the research is constituted by Decolonial Studies, Feminist and Gender Studies and Epistemology. The Analetic method, developed by Enrique Dussel, was used, which presents greater coherence for the type of research that is intended to be carried out, considering the theoretical contributions chosen. Finally, the nature of the research was qualitative, with a monographic approach method and bibliographic research technique. Thus, research pointed to the possibility of epistemological rupture from an Epistemology of Crossroads, supported by an Ethics of Good Living. The thesis is part of the research line Society, New Rights and Transnationalization.