A autodeterminação do corpo feminino e a disparidade entre a teoria e a prática do direito: uma observação sob a ótica do conceito de banalidade do mal

Abstract

This work is dedicated to reflecting on the self-determination of the female body. It aims to explore the disparity between the theory and practice of law by examining decisions influenced by personal cultural experiences, with Janaína's case serving as an example of this discrepancy. Furthermore, considering these issues, the present research sought to study Hannah Arendt's theory of the banality of evil to understand why there is such a gap between the theory and practice of law, particularly in decisions concerning women's bodies that violate their self-determination. The impact of Janaína's case on the legal realm was noteworthy, sparking significant discussions, especially within the context of fundamental rights. The influence of patriarchal culture was also analyzed, acknowledging its subjective impact on decisions that greatly affect a woman's self-determination. This contradicts the principles established by fundamental rights. Therefore, upon deeper reflection on the autonomy of the female body in the light of fundamental rights, the possibility emerges to identify a new form of banality of evil in judicial decisions that contradict what is expressed in legal theory. [resumo fornecido pelo autor]