Injustiça epistêmica e violência sexual: uma violação aos direitos humanos das meninas e mulheres

a violation of girls' and women's human rights

Abstract

This paper discusses how the patriarchal system, by penetrating judicial practice, reinforces epistemic injustices. This type of injustice occurs when prejudices lead the listener to ascribe less credibility to a person's testimony due to identity-based prejudices, whether conscious or implicit. As a result, it perpetuates symbolic violence and negatively impacts women's credibility, preventing their full access to justice. It is often seen as persistent labels such as "decent woman," "honest woman," "family mother," and the retaliation against sexual freedom exercised at some other times. Furthermore, the labeling as "promiscuous woman," the ease in discrediting the victim and her testimony, besides imposing labels and moral judgments that mischaracterize sexual violence and legal protection, are still very prevalent at the trial of sexual crimes. This demonstrates the urgent need to transform the justice system and review the "neutrality" of the Law. Legal measures exist, such as the Maria da Penha Law, the Feminicide Law, and the Mariana Ferrer Law, in addition to decisions from higher courts, such as ADPF 1,107 (Allegation of Non-compliance with a Fundamental Precept).  However, their effectiveness ends up being compromised by the persistence of cultural and legal patterns that disregard victims' experiences. As a result, the implementation of a more inclusive justice system that is sensitive to gender, race, and class specificities is imperative for the realization of human rights. It can be concluded that the recognition of epistemic injustice must be followed by concrete actions aimed at dismantling discriminatory structures, ensuring that the voices of girls and women are heard and respected.