Abstract

CORAL-DIAZ, Ana Milena. A proposal of jurisprudential analysis from speech for cases of violence against women, specifically concering domestic violence of couples. Opin. jurid. [online]. 2012, vol.11, n.22, pp.17-30. ISSN 1692-2530.

This article is intended to propose a methodology for making a jurisprudential analysis of failures occurring in several judicial instances; the article is focuses on the evaluation based on the speech of judicial arguments and is involved in a specific topic: violence against women, specifically by their couples. For this purpose, based on the judges' speech and the analysis of paradigmatic cases, this article makes an analysis of violence against women based on handling and solution set by judges and access to justice. The article also sets how urgent it is to project research towards jurisprudence of trial judges without limiting it to judges' law resulting from ''High Courts.'' In the search for finding a balance of the legal system, the article is intended to highlight that coherence and consistency of the legal system are based on a tendency to observe guidelines of the Constitution and international treaties concerning human rights for women, which imply a scenario of protection for people who should be given special protection within families.

Keywords : Jurisprudential analysis; domestic violence among couples; speech analysis; gender violence; women; case study.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )