The legal process as an arena of violence: a critical analysis from a gender perspective

Abstract

Law No. 11.340/06 represents a landmark in addressing gender-based violence. Yet, nearly twenty years after its enactment, violence persists beyond the types explicitly regulated. Among these, procedural violence stands out, characterized by behaviors that compromise the full protection of women, turning legal proceedings into arenas of coercion and justice into instruments of revictimization. It is perpetrated through the abuse of legal mechanisms, including filing unfounded claims, submitting offensive petitions, making false allegations, and artificially prolonging litigation. These strategies perpetuate control, intensify suffering, and exhaust women, often leading them to renounce their rights. Despite institutional advances, explicit legal recognition of this form of violence remains limited. This article examines how gender-based procedural violence is structured within the judicial system and how judicial inaction fosters revictimization. Based on a bibliographic and legislative review, the study argues that legal processes must not become vehicles for perpetuating violence and emphasizes the need for a proactive stance that holds parties and their attorneys accountable. Furthermore, it advocates for restorative justice as a viable alternative to address procedural violence, enabling victims to overcome harm while promoting their psychological and moral reconstruction. The study highlights the importance of ensuring that justice protects, rather than exacerbates, the vulnerabilities of women subjected to procedural abuse.