A ineficácia das medidas protetivas de urgência da Lei Maria da Penha: uma análise acerca da aplicabilidade prática.

Abstract

The present monographic work contextualizes the historical evolution of the rights of women in the world society that has always patriarchal, placing women as submissive to men, but through various feminist struggles, has gradually sought and conquered its space, mainly with the creation of Law no 11,340 / 06, which revolutionized the Brazilian judiciary, in order to protect the gender of this inequality, preventing and preventing domestic violence, through the implementation of urgent protective measures. The present research is justified when analyzing data from the National Council of Justice (2017), which diagnosed Brazil in the 5th worst position in the ranking of countries with the highest number of homicides in registered women, with 4.8 murders per 100,000 women , with data that only tend to grow. Given this scenario, the research aims to analyze the effectiveness of the applicability of emergency protective measures, pointing out the main obstacles encountered by the legal order for effectiveness of the standard. In order to reach the objectives, the deductive method was used as method of procedure, comparative and evolutionary history and as bibliographic and documentary research technique. The research deals with the species of protective measures existing in the law, as well as the classification of the violence practiced against them. Next, it deals with programs that could help in the fight against domestic violence throughout Brazil, such as the "Panic Button" and the "Ronda Maria da Penha", which have shown very satisfactory results in the places that were implemented. At the end of the day, it was understood that there is a need to criticize the lack of supervision of the measures, due to a precarious governmental structure that has demonstrated failures to solve these problems, with cases of recidivism of crimes against women, -Law No 13.827 / 2019, which amended the Maria da Penha Law, seeking to find greater agility and effectiveness in the protection of women by bringing a tool to implement the measures.