A efetivação dos direitos garantidos ás mulheres pela Lei n°11.340/06.

Abstract

Domestic violence against women is result of a cultural profile which has been built by the society for many years. Therefore, given this sad social reality this study aims to assess violence against women, by making an analysis regarding the importance of the Maria da Penha Law as the main control norm of this type of criminality. Maria da Penha Law is an important tool in defense of women's rights, however, when created, it was subject to a lot of resistance. Due to the different positions about its constitutionality, as well as the type of action to be applied in cases of bodily injuries committed domestically, the Brazilian Supreme Court upheld the ADIN 4424, being established that in cases of domestic violence is it not necessary for the representation of the victim for the bringing of the criminal action. Based on this judicial observation, comes up the problematic of the research: The establishment of public criminal action is adequate to ensure that women victims of domestic violence the effectiveness of the rights guaranteed by Law No. 11,340? In this regard, the present study aims to make an approach about the various positions of this type of action that should be applied in cases of domestic violence, as well as to verify the high rates of violence against women, currently verified, as a way to demonstrate the necessity of the state in investing in public policies for victim care and thus effecting the legal framework advocated in the Maria da Penha Law. For the study under discussion, it will be used as a method of approach the hypothetical-deductive and as, aided by the historical evolution. In what concerns the techniques, the survey will be carried out through bibliographic review, consolidated through the technique of indirect documentation. After all the work, it is concluded that the Maria da Penha Law has an important role in the socio-legal control of domestic violence, however, great strides still need to be given by the State for the perfect fulfillment of the measures in this standard.