Domestic violence against women as a social risk to Brazilian social security

Abstract

This text presents a proposal to recognize situations of domestic or family violence against women as one of the social risks to be protected by Brazilian Social Security regulations (hypothesis), in light of global and regional (inter-American) human rights systems, notably CEDAW and its respective Committee, as well as the Belém do Pará Convention, considering, for this purpose, the openness and permeability of human rights recognized in international documents, as provided for in CRFB/1988. In addition, it seeks to identify Recommendations and/or the duty to protect the socioeconomic rights of women victims of gender violence and their impact at the domestic level, such as the implementation of the guidelines of interdimensionality and progressivity of human rights (objectives). The CEDAW, its Committee, and the respective General Recommendations were consulted, in addition to the Belém do Pará Convention, seeking to identify, among the legal norms to combat gender violence, those of a socially protective nature. Based on this, we sought to analyze the vote reported by Minister Flávio Dino in the judgment of Extraordinary Appeal n. 1.520.468-PR, within the scope of the Federal Supreme Court, whose object overlaps with that of this research. The data collected was analyzed through critical narrative review, in that the author's conclusions (data collection and analysis methods) were added to the doctrinal arguments, legal norms, and precedent (established thesis and its determining grounds). It was found that domestic or family violence against women places them in or exacerbates a state of need and economic vulnerability, with socioeconomic repercussions (social determinants), including in the areas of health, social security, and social assistance, according to the current Brazilian constitutional model. From the external systems for eliminating discrimination against women, we can derive the state's duty to adopt public policies for the socioeconomic protection of women who are victims of gender-based violence. The decision of the Federal Supreme Court, in turn, consolidates the systems designed to protect women victims of gender-based violence (results). Thus, domestic or family violence against women constitutes one of the social risks protected by the Brazilian Social Security System (final considerations).