Lei Maria da Penha e a possibilidade de sua aplicação ao delito entre cônjuges militares da ativa.

Abstract

The present scientific work has as an objective the analysis of the Law 11.340/06, better known as the Maria da Penha Law, as well as the special legislation - Military Criminal Law, focusing on the possibility of the Law 11.340 / 06 coexisting with the Military Justice. The subject was entitled: "Maria da Penha Law and the possibility of its application to crimes between active military spouses". The work was carried out for the following purposes: first, it sought to understand the institutes under analysis - Law 11.340 / 06 and Military Criminal Law, then identify if there is a conflict of rules between the two institutes, since both are considered special legislation and finally, demonstrate the possibility of applying the emergency protective measures of the Maria da Penha Law in a similar way to the Military Penal Code, in favor of the military woman. The work is composed, in terms of theoretical reference by works of renowned authors and scholars on the subject, in addition to information, articles and specialized periodicals of the internet. In addition, the research was totally bibliographical. It urges to inform that the subject is salutary and of great relevance for the academic environment as well as for society, in which cases of violence against women are still very relevant, presenting quite significant numbers. Although important updates to the protective law of women victims of domestic violence have been promoted in recent years, there are gaps that accommodate violence in this sense as if there was no special law dealing with the theme. The military woman has been suffering from injustice by having her assailant judged and prosecuted by a legislation that does not provide for qualifying domestic violence crimes against active military personnel yet. Thus, the present work tried to show the possibility of beneficial analogy in light of the military woman, promoting a legal equality with the civil woman which is covered by the law 11.340/06. At the end of the work the following conclusion was reached for the problem and the hypotheses elaborated: problem - is there any possibility of applying the protective measures of law 11.340/06 to the Military Justice? Hypothesis: it is necessary that there is a beneficial analogy in light of the military woman who suffers domestic violence by her military companion to the Military Justice, since it can’t disregard the military woman from rights commonly related to Human Rights such as the Maria da Penha Law .