Lei Maria da Penha (nº 11.340/06): violência doméstica e a falta de efetividade na aplicação das medidas protetivas.

Abstract

The Maria da Penha Law, nº 11.340 / 06, has a series of protective measures aimed at combating and preventing violence against women in domestic and family settings. Such measures, which are embodied in the Federal Constitution of 1988, precisely in its article 226, § 8, which alludes to be the family, the basis of society. Therefore, the State has the duty to ensure protection to each of its components, protecting them from all kinds of violence and prejudice. For this reason, the legislator listed the mechanisms for protecting women through emergency protective measures. On the other hand, the aforementioned measures, most of the time, are not implemented in practice, thus failing to fulfill their role, for example, the protection of women victims of domestic and family violence. Therefore, it is imperative to investigate the reasons why they have not achieved their goals, as well as to identify what is really necessary to face this problem. In view of this scenario, ask yourself: where is the error so that the objectives outlined by Law 11.340 / 06, especially with regard to combating and preventing domestic and family violence against women, have not had the desired effects until the present time? Thus, the present study has as general objective to analyze the lack of effectiveness in the application of protection mechanisms established for the defense of women victims of domestic and family violence. For that purpose, it has specific objectives to explain the legal provisions that deal with the protection of women in situations of domestic and family violence; to verify the legal mechanisms of prevention and protection established in the Brazilian legislation, as well as the doctrinal and jurisprudential positioning; and to point out the causes directly related to the lack of effectiveness in the application of urgent protective measures. As for the approach, the methodology used is quantitative research, since it is essentially based on the books and doctrines on the Maria da Penha Law. As for nature, research is basic, given that data are presented about domestic and family violence against women. Regarding the objectives, the research is exploratory, since it involves a bibliographical survey about domestic and family violence against women, regarding the types of violence, the preventive and protective measures of urgency, the judicial procedure for the enforcement of the criminal act, the enactment of preventive detention, among others. As for the technical procedures, the research is carried out based on monographs and books already published, which is why it is bibliographical. It is understood that for the law to be effectively applied in practice, federated entities, criminal prosecution bodies, as well as civil society itself, must work together to ensure that domestic and family violence against the woman will actually be fought.