Violência doméstica e familiar contra a mulher: uma análise acerca da eficácia das medidas protetivas na Lei Maria da Penha (Lei n° 11.340/2006).

Abstract

Domestic and family violence against the woman is called because it occurs inside the home and the perpetrator is usually someone who maintains or has already maintained an intimate relationship with the victim. In this sense, the Maria da Penha Law (Law No. 11,340 / 2006) entered into force, which presents ways to curb this type of violence, such as the application of protective measures and criminalization of noncompliance with these measures. The question, however, demands a profound evaluation, promoted from the types of violence suffered by these women to the means that the State presents to prevent such violence. Thus, it is appropriate to present the following problematization for this research: In the face of domestic and family violence against women, are the ways for confrontation presented by State regulations really effective? It is appropriate to study the Maria da Penha Law and the forms it presents in order to curb violence against women, and thus, to achieve the general objective of this work, namely, to present a historical evolutionary panorama of violence against women, to analyze Law 11.34 / 2006, as a protection mechanism for victims of domestic violence with regard to their legal and social aspects, as well as their emergence and peculiarities, such as the non-applicability of Law 9.099 / 95 in cases involving domestic and family violence against woman, authorization of the aggressor's pre-trial detention in cases of non-compliance with the protective measures imposed and the criminalization of noncompliance with those measures; makes comments about the types of violence provided for in the Maria da Penha Law, as well as the protective measures it protects, its objectives, its (in) effectiveness and the performance of state agencies in the application of these measures. For this, the deductive and bibliographic method was used, consisting of research in doctrines, jurisprudence, scientific articles, normative species and in the Maria da Penha Law itself. As a conclusion, many paths have been identified as viable for the protection of these women; however, even with the protection provided by Law, many continue to be victims of this violence, and it is therefore verified that the protective measures provided for in the Maria Penha is not a totally effective means of eliminating or preventing the violence practiced by the companions of certain women, since there is a deficiency in the effective control and enforcement mechanisms in the application of these measures.