Violência doméstica conjugal: cumprimento de uma exigência normativa? um estudo sobre violência e direito na cidade de Maputo

Abstract

The current assignment tackles marital domestic violence and law. It constitutes a high form of keeping the settled social order. It aims analyzing the marital domestic violence phenomenon on its inner relation with the repressive law. It intends to correlate the supremacy of repression and the existence of marital domestic violence cases. The assignment, advocates that, the supremacy of marital domestic violence is explained by existing of the repressive law. The starting point was the qualitative and the comprehensive analysis trying to identify the existing connection between repressive law and marital domestic violence. The research observes that the repressive law is simultaneously justifying and explaining the MDV (marital domestic violence). It advocates punishment, chastisement and penalties. It is under this law that we observe major indignation with the law as a social vital violation in which the forfeiters are immediately punished, most of the times the link between the committed crime and applied penalty in both ways, positive or negative 2 . It is under this law that the crime refers specifically to the violation of social imperative, reason why if the physical aggression, food restrictions, offenses and insults are produced by the need to impose and maintain the social imperative are obviously valid. As a matter of fact, people tolerate violence because it is a strategy for education besides providing the social rule violators with the chastisement they need. There is violence because it is the generator for the law to be strictly obeyed. The majority of violence cases stand still due to the supremacy of repressive or punitive forms in the resolution of family conflicts; moreover, for the conduct direction these forms strongly inhibit people from committing sins. The fact can be observed through the primacy, which is dedicated to violence over social interaction forms: dialogue and persuasion. The appreciating label denotes the fact that the aggressor benefits in the society are stated by the use of forgiveness as a sentence to be given to the aggressor. As a matter of fact, this proves the disparities between the committed crime, the blame and the sentence on one hand and on the other hand, shows the lack of remise according to the type of committed crime. Therefore, physical aggression, offenses and insults are generally tackled as not serious, which means normal because they intend to remise an order and highlight the value of demanding. The research observes that the violence is useful because it provides punishments for the violators of the settled law. For the sinners, they are immediately punished in order not to disturb the settled law. The communitarian sense advocates the maintenance of the law, which is stated as social imperative. Therefore, it is forbidden the disordered emancipation, which breaks the social settled law