Gender violence in Brazil and law n. 11.340/06: Reflections on the indigenous women

Abstract

As a socio-structural phenomenon culturally embedded in human history, gender violence is endemic throughout the world, affecting women of the most different classes, ethnicities, professions, ages, etc. However, the problem is even more critical in Brazil, since very few countries in the world have as high a number of crimes committed against women as the Brazilian State. Among the most vulnerable women to this problem are indigenous women, who are often victims of physical and psychological violence, humiliation, rape, among others. The violence they endure is twofold: intra and interethnic. Although law 11.340/06 is the most relevant legal instrument of the Brazilian legal system on gender violence, since the rule was written based on the reality experienced by non-indigenous Brazilian women, it has important flaws when it is applied to cases of violence. against indigenous women. Given these facts, the present research aims to contextualize the serious reality of gender violence existing in Brazil; present the violence suffered by indigenous women and; finally, to point out some of the limitations in the use of law n. 11.340 in cases where an indigenous woman has been a victim of gender-based violence. As a result, it is expected to contribute to the analysis of the problems that affect indigenous women in Brazil, especially from the perspective of interethnic and intraethnic gender violence, of which they have been victims over the centuries. To achieve the proposed result, the research has an exploratory and descriptive character, using the deductive method and bibliographic and documentary techniques.