Violência doméstica e familiar contra a mulher à luz da Lei n° 11.340/2006.

Abstract

The violence against the woman is a clamorous concern rank that, has centuriess it devastates the families and it mines the tranquillity and dignity of the women in its familiar and affective relations. As already mentioned, it is an old problem, but that it grows to each day and it reaches women of all indistinctly the social classrooms, clamando for a solution. It is in the context of the violence of sort and the legal measures adopted to fight it, over all the Law n° 11,340/2006, that the present work is developed. One searchs to explicitar that our Country did not reveal inert before the problem, in contrast, it took measured legal, it ratified treat and conventions that, however, if had shown one in such a way inocuas ahead of the huge ratios of the problem, demanding themselves still an attitude less (entente on the part of the native legal system, satisfying these expectations, was sancionada the Law n° 11,340/2006, creating mechanisms to prevent and to restrain the domestic and familiar violence against the woman. It is intended, as objective generality of this work, to display the changes brought for the law, the first critical comments and perplexidades caused for the text of the legal text that however comes the fire. Outrossim, has as objective specific the inquiry of the conceptual aspects and evolution of the form as the subject was treat in our legal system; to emphasize the main innovations of the Law in I comment in the criminal scope; to demonstrate what positive aspect can be considered and what it is pointed as negative aspect of the new law. For in such a way, the exegetico-legal method, assisted for the method wif! be used deseription-evoiutivo, in order to proceed the bibliographical research. The conclusion pointed for the research walks in the direction to demonstrate that, although to contain some aspects that can generate doubts in the application, beyond disclosing a legal formularization moved away from the best technique and the most advanced criminologic orientagoes and from criminal politics, does not remain doubts of that the approved legal text constitutes an advance for the Brazilian society, representing a considerable landmark in the history of the legal protection conferred the women.