Análise crítica sobre a renúncia ao direito de representação prevista na Lei 11.340/06.

Abstract

The domestic violence is a problem that not only reaches Brazil as the whole world. The statisticians show that the women to each day are suffering to each time more violence in its proper home, generally committed for people with familiar and affective relations with the victim. Ahead of this clamorous problem, it started to appear the first international agreements and legal devices to treat on the subject, but still of very shy form and none so efficient to restrain this type of violence. It was ahead of this context that in day 07 of August of 2006 was sancionated Law 11,340/06, baptized of law "Maria of the Penha", decurrent of the fact happened with Maria of the Penha Maia Fernandes. In the cases of domestic and familiar violence, the offended one started to count on this statute, that are not only of repressive character, but, over all, preventive and assistential and creating apt mechanisms to restrain this modality of aggression. This work has as objective main to show to all the evolution of the subject in quarrel, with all its legislative antecedents, bringing the innovations of the law in I comment in the criminal scope; to demonstrate that although this law to have represented a landmark for the Brazilian feminine population, it comes contaminated of imperfections legislative, example of this is its article 16 object of this work. For the production of the present scientific work, the methods had been used dialectic, exegetic-legal, assisted for the historical method and the bibliographical one. The conclusion taken off ahead of this work, bibliographical one. The conclusion taken off ahead of this work, is that the legislator committed a legislative alienation, using of improper form the term "resignation" of the representation where it wanted to say in the truth "retraction". It registers, despite, law was incompressibly benevolent, because who for this retraction, that only can be in judgment, the act of receiving of the denunciation and not it its ofereciment, as traditionally established in article 25 of the Code of criminal procedure foresaw as ad term, that continues applicable to the too much situations.