Filicídio e discursos produzidos sobre esse crime no campo jurídico amazonense

Abstract

Filicide as an expression of intrafamily violence brings a disturbing reality, since it calls into question the belief in the environment and family relations as absent from conflicts and power relations. This dissertation aims to understand the occurrence of filicides in the context of intrafamily violence in Amazonas, based on the judicial processes collected in the. (Automation System of Justice) of the Amazon Court of Justice (TJAM) seeking to discourses produced in the legal field on this type of crime. For the construction of the same, a bibliographical research on the subject was carried out in books, articles, repositories of dissertations and theses to assist the preparation of literature review; and documentary research, with collection of processes involving filicides processed and judged by the TJAM, in the period from 2010 to 2015, whose speeches were analyzed in light of the technique of Foucaultian discourse analysis. The six processes analyzed indicate that children were the main targets of filicides. The motivations for the crime are diverse, but mainly involve the recurrent practice of physical violence (beatings). It is noted that physical violence is seen by parents as an educational element, although serious this fact is little questioned or discussed in the processes. Among the social problems identified in the processes as present in the intrafamiliar environment is the involvement with illicit activities, consumption of drugs and drink by the parents, who are the main perpetrators of violence. It was observed during the reading and analysis of the processes that the philicides the speeches elaborated in the legal field, on the problem, expose only general aspects, a superficial look privileging a conservative view on the crime. The discourses produced reveal the imbalance between the agents that compose the field, there is an excessive appreciation of the positions and in the decisions one realizes the use of moral and political aspects that are transformed in legalformal discourses. This statement can be seen in the common use of the jail appeal anchored in the idea of need for maintenance of public order when it is not always threatened. It is common to capture knowledge from other fields, such as the psychiatric-psychiatrist to sediment certain discourses. In a very subtle way there is a double silencing of the violence suffered by the victims before and after their deaths, perhaps because there is no typification or because of the volume of cases, the cases are judged as common homicides, without being considered important aspects of the family contexts where they occurred the violence. Decisions that deviate from the commonly adopted truth-production regime can be considered outsiders.