Abstract
This article draws on findings of an empirical research on the so-called “custody hearings”, that is, the initial appearance before a judge after detainees are arrested for a crime in Brazil. This study was carried out in the cities of Recife and Olinda and the aim in this paper is to problematise the absence of the victim at such hearings in cases ruled by Brazil’s domestic violence law - the ‘Maria da Penha Law’. In this vein, we confronted judges’ workings in custody hearings against the backdrop of a decision made by Brazil’s Supreme Federal Court, in the “ADI 4424” case, which imposed “obligation to prosecute” domestic abuse assaults causing minor physical injuries - all in name of protecting the victim. During the research fieldwork we found that the seriousness of domestic violence is somewhat undercut for “women batterers” share the same space as “thieves” and “drug dealers” in the workings of custody hearings. This has led to decisions to release defendants from detention when their cases fall under the auspices of the Maria da Penha Law. This is not a problem in itself but may well become one when victims are left unassisted. At the end of the day, while acknowledging its many challenges, we suggest a dialogue between the Maria da Penha Law and custody hearings to lessen the revictimization of women in criminal proceedings in Brazil.
Keywords:
Custody hearings; Domestic violence against women; Revictimisation
