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The Role of Police and Courts in the Implementation of Domestic Violence Policy in Brazil

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The Role of Police and Courts in the Implementation of Domestic Violence Policy in Brazil Graduate Theses, Dissertations, and Problem Reports 2015 The Role of Police and Courts in the Implementation of Domestic Violence Policy in Brazil Ellen Belchior Rodrigues Follow this and additional works at: https://researchrepository.wvu.edu/etd Recommended Citation Rodrigues, Ellen Belchior, "The Role of Police and Courts in the Implementation of Domestic Violence Policy in Brazil" (2015). Graduate Theses, Dissertations, and Problem Reports. 6521. https://researchrepository.wvu.edu/etd/6521 This Dissertation is protected by copyright and/or related rights. It has been brought to you by the The Research Repository @ WVU with permission from the rights-holder(s). You are free to use this Dissertation in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you must obtain permission from the rights-holder(s) directly, unless additional rights are indicated by a Creative Commons license in the record and/ or on the work itself. This Dissertation has been accepted for inclusion in WVU Graduate Theses, Dissertations, and Problem Reports collection by an authorized administrator of The Research Repository @ WVU. For more information, please contact [email protected]. The Role of Police and Courts in the Implementation of Domestic Violence Policy in Brazil Ellen Belchior Rodrigues Dissertation submitted to the Eberly College of Arts and Sciences at West Virginia University in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Political Science John Kilwein, Ph.D., Chair James Nolan, Ph.D. Phillip Michelbach, Ph.D. Shauna Fisher, Ph.D. Robert D. Duval, Ph.D. Department of Political Science Morgantown, West Virginia 2015 Keywords: Domestic violence, Brazil, decision-making, police, courts, Maria da Penha Law. Copyright 2015 Rodrigues ABSTRACT The Role of Police and Courts in the Implementation of Domestic Violence Policy in Brazil Ellen Belchior Rodrigues This dissertation investigated factors that influence the decision-making process of police officers, prosecutors, public attorneys and judges when dealing with cases of domestic violence. The study specifically looked at the types of information the police and the judiciary considered relevant to ask victims when they filed complaints at police stations and at court hearings, respectively. Based on the literature on judicial politics and policing, this research focused on how individuals act as agents, helping or hindering the implementation of the policy. It highlighted the various factors that influence these agents, particularly in the context of small communities such as courts and police stations. Making use of organizational theory, the study was conducted in the state of Espírito Santo, Brazil, which has the highest rate of domestic violence in the country. The description was based on non-obtrusive observations of work routine in police stations and specialized courts and semi-structured qualitative interviews undertaken with police officers, prosecutors, district and defense attorneys, judges, and advocates. The interviews assessed opinions on the law, issues faced by actors, and their suggestions for better implementation. Interactions between police, the judiciary, and victims were assessed by observations. Findings suggest that actors are heavily influenced by an array of factors other than the law, especially their own attitudes toward victims and the accused. Interviewees reported a high level of frustration and reluctance, often asserting that domestic violence cases are relationship problems that should first be addressed to counselors or mediators, not the legal system. This study contributes to the Political Science literature in judicial politics, particularly literature on Law & Society dealing with the impact of legal decisions in society. iii Table of contents List of Tables and Figures…………………………………………………………………... vii List of Legal Cases………………………………………………………………………….. viii Introduction………………………………………………………………………………….. 1 Chapter 1: Development of Domestic Violence Policy in the United States………………... 6 Development of Domestic Violence Policy in the United States……………………. 7 During the 1970s………………...…………………………………………... 7 During the 1980s…………………………………………………………….. 12 During the 1990s…………………………………………………………….. 15 During the 2000s…………………………………………………………….. 17 Current Developments in US Domestic Violence Policy…………………… 21 Internationalization of Domestic Violence Policy…………………………………... 24 Human rights perspective and the US legalistic approach……...................... 24 Globalization of the US domestic violence policy………………………….. 26 International networks and interest groups………………………………….. 28 Status of Domestic Violence Worldwide…………………………………………… 30 Developments in Europe…………………………………………………….. 30 Developments in Asia…………………………………………………….….. 31 Developments in Africa………………………………….…………………... 33 Developments in the Americas………….…………………………………… 35 Conclusion……………………………………………………………………….... 41 Chapter 2: Domestic Violence Policy in Brazil: an Overview…………................................ 44 iv Brazilian Political and Legal Structures…………………………………………….. 45 Police in Brazil………………………………………………………………. 46 Brazilian Judicial System……………………………………………………. 47 Domestic Violence in Brazil Before the 1980s……………………………………... 49 The 1980s: Brazilian First Women’s Police Station………………………….……... 51 The 1990s: Enactment of Law 9099/1995…………………………………………... 54 Maria da Penha Maia Fernandes and Law 11.340/2006…………………………….. 57 Police procedures according to law 11.340/2006…………………………… 61 Court procedures according to law 11.340/2006……………………………. 62 Reluctance and Claims of Unconstitutionality: A Backlash from Judges…………... 64 Overview of Developments and Issues (1985 – present)…………………………… 66 Implementation of the Domestic Violence Policy in Espírito Santo………………... 70 Conclusion……………………………………………………………………….... 76 Chapter 3: Police Perspective About Domestic Violence Policy…………………………… 80 Research Methodology……………………………………………………………… 80 Opinion about Maria da Penha Law………………………………………………… 83 Perceptions about Institutional Constraints…………………………………………. 90 Infrastructure………………………………………………………………… 90 Number of staff and workload………………………………………………. 91 Inconsistencies about posting of bail………………………………………... 93 Different system of case registration………………………………………... 94 Safety and access to neighborhoods………………………………………… 94 v Factors Influencing Police Decision-Making………………………..…..…………... 95 Characteristics of the offense………………………………………………... 97 Case 1: Injured victim ignored………………………………………. 97 Case 2: Officer tries to conciliate victim with batterer……………… 98 Case 3: Injury case registered as threat…………………………….. 99 Characteristics of the victim………………………………………………… 100 Characteristics of the batterer……………………………………………….. 104 Attitudes toward domestic violence cases…………………………………... 105 Place………………………………………………………………………..... 112 Training……………………………………………………………………… 115 Gender……………………………………………………………………….. 116 Experience…………………………………………………………………… 117 Leadership…………………………………………………………………… 118 Feelings about Working with Cases of Domestic Violence………………………… 119 Perceptions about their Role………………………………………………………… 125 Perceptions about Interaction with Other Institutions………………………………. 127 Conclusion…………………………………………………………………………... 130 Chapter 4: Court Perspective About Domestic Violence Policy……………………………. 133 The Existence of a Community……………………………………………………... 134 Community Culture and Organizational Theory……………………………………. 137 Law Officials and Opinion about Maria da Penha Law…………………………….. 144 Law Officials and Perceptions about Institutional Constraints……………………... 151 vi Factors Influencing Prosecutorial Decision-Making………………..……………….. 155 Characteristics of the offense………………………………………………... 157 Characteristics of the victim………………………………………………… 158 Characteristics of the defendant……………………………………………... 162 Attitudes……………………………………………………………………... 165 Factors Influencing Judicial Decision-Making………………...…………………….. 169 Characteristics of the offense………………………………………………... 170 Characteristics of the victim………………………………………………… 170 Characteristics of the defendant……………………………………………... 176 Attitudes……………………………………………………………………... 179 Law Officials and Feelings about their Work……………………………………….. 188 Law Officials and Perceptions about their Role…………………………………… 190 Perceptions about Interactions with other Institutions……………………………... 195 Conclusion…………………………………………………………………………… 196 Chapter 5: Conclusions……………………………………………………………………… 199 References………………………………………………………………………………… 211 Appendix A: Interview Questions………………………………………………………….. 247 Appendix B: Court Observation Form...…………………………………………………….. 248 Appendix C: Case Observation Form……………………………………………………….. 249 vii List of Tables Table 1: Members of the Brazilian Executive, Legislative, and Judiciary at the federal, state, and local levels………………….……………………………………….. 45 Table 2: Comparison of factors influencing decision-making of Brazilian and U.S. police officers who work with domestic violence cases…………………….… 96 Table 3: Comparison of factors influencing decision-making of Brazilian and U.S. prosecutors who work with domestic violence cases…………..……………... 156 Table 4: Comparison of factors influencing decision-making of Brazilian and U.S. judges who work with domestic violence cases………………..……………… 171 Table 5: Comparison of factors influencing decision-making of Brazilian criminal justice professionals (police officers, prosecutors, and judges)…...…………... 205 Table 6: Comparison of factors influencing
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