Caça às bruxas contemporânea: a criminalização do ativismo feminista através do lawfare de gênero no Brasil entre o período de 2012 à 2023

Abstract

This study aims to analyze the criminalization of feminist activism in Brazil as a way of restricting the rights to free expression and freedom of speech, given that this mechanism is used to prevent women from exercising these fundamental rights. This is a qualitative study conducted based on interviews with activists who worked in the feminist sphere from 2012 to 2023 using a semi-structured script. In addition, a bibliographical survey is used on key concepts, initially dealing with punitive law and the absence of a feminist perspective in the criminal sphere, which results in an area with a deficiency in protecting women victims and also in serving them within criminal proceedings. It also highlights the forms of criminalization, primary and secondary, and how state entities criminalize activists. Next, legislation is presented as a defense mechanism for activists, through strategic litigation, and gender lawfare is presented as the main weapon of attack against these women, based on procedural and institutional violence and gender policy, which are attacked by criminalizing entities, especially the Judiciary. The study continues on the different forms of violence against women, which are present in current Brazilian legislation and in international treaties with the aim of protecting human rights and eradicating violence against women. It is demonstrated that although physical violence is the type that leaves the most traces on the human body, those considered symbolic are widely used with the aim of hurting these women and not holding them accountable for their actions, given that these are normalized by the patriarchal structure. Finally, an overview of the activists interviewed is presented, showing how this violence occurs in real life against these women and also in the different forms of resistance they use. It is therefore concluded that the criminalization of feminist activism occurs as a consequence of a patriarchal structure that prevents women from having the same rights as men and because these activists are demanding gender equality and human rights for women, they use criminalization to expel them from these spaces.