The effectiveness of access to justice and the duty of due diligence: an analysis of sex crimes cases in the context of crimes against humanity and the case study of Argentina.
Name: DIANE BRUNORO LYRA
Publication date: 25/03/2024
Examining board:
Name |
Role |
|---|---|
| VALESCA RAIZER BORGES MOSCHEN | Advisor |
Summary: The object of this research is the analysis of sentences condemning sexual violence perpetrated in the context of serious human rightsviolations during Argentina's civil-military dictatorship, which took placebetween 1976 and 1983. A hypothetical deductive methodology is adopted, aswell as the use of Critical Discourse Analysis (CDA) to identify linksbetween the texts and the factors surrounding them. The subject is part ofthe Justice, Process and Constitution concentration area, in the JusticeSystems, Constitutionality and Protection of Individual and Collective Rightsresearch line of the Master's Degree in Procedural Law at the FederalUniversity of the State of Espírito Santo (PPGDIR-UFES). The study carriedout bibliographical and documentary research and a case study of Argentina,based on the protection of women's right of access to justice and theinternational obligation of due diligence and the adoption of a genderperspective by the judicial system when handing down sentences on sexualcrimes in trials of crimes against humanity. Using the deductive method ofinvestigation and empirical research, it looks at how the judicial andprocedural responses were produced by the Argentine state during the trial ofsexual crimes in the context of crimes against humanity. It was concludedthat the progress made in the search for the protection of women and therecognition of the gender perspective during the Argentine criminal process,in the context of crimes against humanity, can be an example to be followedby other countries, such as Brazil, both for the accountability of crimescommitted during the Brazilian dictatorship and for the development of investigative and procedural procedures for the reception of victims of sexual and gender crimes, as well as the use of Argentine trial protocols with a gender perspective as a model.
