Feminismo Punitivista Costa Rica
Feminismo Punitivista: ¿dónde quedan las garantías procesales en un sistema parcializado?
Por Ji Soo Kim Murillo
29 agosto, 2017
Con el transcurso del tiempo, el movimiento feminista ha adquirido cada vez más importancia, y ha influido sobremanera todos los ámbitos de la sociedad actual
Con el transcurso del tiempo, el movimiento feminista ha adquirido cada vez más importancia, y ha influido sobremanera todos los ámbitos de la sociedad actual. El sistema judicial costarricense no es la excepción a lo anterior. En los últimos años el populismo punitivo ha presenciado una transformación hacia el feminismo punitivista, una ideología no resocializadora, que considera que la solución a la “violencia de género” recae única y solamente en la prisionización del imputado.
El feminismo punitivo recurre al derecho penal para darle fin a estas conductas sociales mediante su debida tipificación. Claro está que el incremento de las penas y la inclusión de nuevos delitos no significan la eliminación de todas las expresiones de abusos sexuales y violencia doméstica. Como lo establece el abogado Maximiliano Postay: “Lo esencial es que la violencia no se ataca con un sistema penal que también es sexista y patriarcal y que tuvo un trato particularmente dañino con las mujeres.” Al fin y al cabo lo único que genera es un Estado que se enfoca en un proceso estigmatizante para el acusado y una sociedad en la que se propician estereotipos sexistas sobre la condición inferior de la mujer ante el hombre.
Otro factor de suma importancia por considerar es el retorno del causalismo penal manifestado en el feminismo punitivista. A los delitos de índole sexual se les atribuye, mediante generalización, un conjunto de causas biológicas basadas en el sexo del perpetrador. Es decir, que se da una polarización en la que el hombre siempre será el violador, el agresor, “el malo” y la mujer siempre será la violada, agredida, “la buena”. Se da una antagonización del sexo masculino por su superioridad física sobre el femenino. Un ejemplo de lo anterior es la actitud que se tiene ante la agresión hacia los hombres por parte de su cónyuge femenino; la mayoría de las veces dichas acusaciones son desestimadas pues se considera que una mujer no tiene la capacidad de herir a un hombre. Estos ideales dentro de los cuales se refugian los partidarios del feminismo punitivista son completamente machistas y contraproducentes.
La situación en el país es preocupante, el sistema judicial ha adoptado y propiciado una política criminal basada en la otredad del imputado, desligándolo de su condición humana y negándole garantías procesales consagradas en tratados internacionales, la Constitución Política y el Código Procesal Penal, incluso la independencia de los funcionarios judiciales como los jueces se ha visto reducida, pues muchas veces resuelven de acuerdo con la opinión pública, favoreciendo a la mujer sin llevar a cabo un debido proceso. Todo esto por temor a la comunidad, a los medios de comunicación y a la posibilidad de ser tachados de misóginos o machistas ante sus familiares y colegas.
De acuerdo con lo expuesto anteriormente, surge una pregunta clave: ¿dónde queda la presunción de inocencia del imputado? Si desde un principio se le considera culpable por el mero hecho de ser acusado de violación o agresión doméstica por su contraparte femenina, entonces, ¿para qué se lleva el proceso?. Costa Rica constituye un Estado de Derecho en el que deben reinar principios de igualdad, libertad e integridad personal. Se debe hacer un retorno a dichos principios iniciales, al estado impoluto e imparcial del sistema judicial, dejando atrás la invisibilización de ciertos delitos y la sobrevictimización de los restantes.
El “garantismo” y el feminismo no son, ni deberían ser movimientos opuestos entre sí, pues en su estado “natural” no se contradicen. Deben trabajar de manera conjunta para asegurar la protección de los derechos humanos, de las garantías procesales y para establecer un acceso igualitario a la ley sin discriminación alguna por parte del sistema, ya sea por sexo, género, religión, entre otras. El género del acusado no debería ser la única razón ni mucho menos un aspecto determinante al emitir el veredicto.
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