FAMILY VIOLENCE. CONTEXTUALIZATION AND ADVANCES OF THE NORMATIVE AND JURISPRUDENTIAL SPEECH

Abstract

Summary: Family or domestic violence is one of the social phenomena that affect the perpetuation of a series of problems that damage the family and society, affects personal development, physical integrity, psychoemotional and, whose episodes generally cyclical and ascending , can trigger in the death of the victim. The family has taken up the law as a protected legal asset, from different sides, in relation to violence, have created a series of instruments, action protocols and public policies to prevent, contain and punish it, thereby protecting vulnerable groups: girls, boys, adolescents, women, men with some disability, older adults. The arguments are constructed from a dogmatic, hermeneutic and descriptive approach, taking as reference two federative entities of the Mexican Republic, which allows to contrast the advances from the legal theory, the statistics reveal the increase and the cruelty of the episodes of violence that is suffered, and that responds to a patriarchal, misogynistic system, where relations of power, hierarchy and control are established. The resistance of the denunciation by risk to the discredit of its saying, the revictimization, of blaming the victim and making it invisible, function as a breeding ground for impunity, active institutional tolerance, and social normalization, which make their containment inefficient, and which implies therefore a long acculturation process based on the respect of human rights, of otherness, and of human dignity, as full conditions for development and human security.