Violência patrimonial contra as mulheres e o instituto das escusas absolutóriais: Uma análise do conflito aparente entre o código penal e a lei Maria da Penha.

Abstract

Currently, much has been discussed about the various forms of violence against women, among them, property violence. Thus, the present work has as general objective to analyze a supposed conflict observed between specific provisions of the Penal Code and the law no 11.340 of 2006, called Maria da Penha Law. With the advent of item IV of art. 7 of the aforementioned law, which deals with patrimonial violence against women, there is an apparent conflict of norms in the national legal system. At this point, it is presented as a problematization of the research: The absolutory excuses, also called absolute immunities, provided for in art. 181 of the Penal Code, even after the express provision of patrimonial violence in the Maria da Penha Law, could grant exemption from the penalty to the author who committed the crime in a factual context protected by the aforementioned special rule, in case of crimes against property practiced without the use of physical violence or serious threat? In order to obtain an answer to the questioning, the research methods used are the deductive, as a method of approach, and the systemic, as a method of procedure. The research techniques used are: bibliographic and indirect documentary, the latter when analyzing the selected judgments and the former, when working the research from bibliographic content of articles from scientific journals, normative provisions and other doctrines that lead to the subjects studied. The work is developed through a historical-social study of the integration of women in patriarchal society; doctrinal study of the Maria da Penha Law, especially regarding the issue of patrimonial violence, as well as doctrinal currents, their positions and justifications regarding the application or removal of art. 181 of the Penal Code in cases where the woman is the victim of a crime against property/patrimonial violence, in a domestic and family context. Finally, the work verifies if the applicability of acquittal in these cases would affect the effectiveness of the Maria da Penha Law or, even, would make the right of women in a situation of patrimonial violence unfeasible. Thus, a gap built by the law of interpretation of the restrictive interpretation is concluded, in which the accused are subject to the norm of patrimonial violence, even those that fall within the legal context of the criminal law, its use is not strict in the legal context. criminal law, its use does not exist. affecting the principle of specialty and frustrating the protection conferred by the special rule.