Violência de gênero no âmbito familiar: a constitucionalidade da Lei Maria da Penha.

Abstract

Violence against women is a problem that affects thousands of women and their families, since it became a global disease, leaving the private harvest proved to be a public health problem. For centuries this violence affects life, peace and dignity of women in their family relationships and affective. As it was said, it is a problem that has growing long out of proportion, reaching indiscriminately women of all social levels, calling for a solution. It is in this theme of gender violence and the legal measures adopted to combat it, especially the Law No. 11.340/2006, which develops this work. It also demonstrates that despite the legislative delay, Brazil was not inert before the problem. Ratified international treaties and conventions, took other legal action, but in most of cases the measures have proved innocuous in front of the enormity and gravity of the problem, requiring a more effective legislation by the legal Brazilian law. Satisfying social and international expectations, was enacted Law No. 11340/2006, creating mechanisms to prevent and curb domestic violence against women. It is intended as general objective of this research, rank the innovations and changes bringing by the law, noting the changes in the Criminal Law and Criminal Procedure, and the first critical remarks and confusion caused by the legal text that now comes to light. Still, it has specific objectives the investigation of historical and conceptual aspects of violence against women, on gender issues, emphasizing the key changes under discussion on the criminal side, assessing what can be considered as positive and negative aspects, to assess the question of the constitutionality of Law in focus. For the greatest achievement of this topic, will be used the legal-exegetical method, aided by the historical-evolutionary, in order to carry out literature and meet the goals pursued. The conclusion pointed goes to show that although they pointed out some negative points that might reduce their applicability or generate questions, the Maria Penha Law was the best mechanism humanitarian and criminal policy adopted in our country in the fight against gender violence, there is no doubt that the text of the Act is a step forward for society to combat violence against women, embraced by the Constitution, the law represents a milestone in the history of legal protection of women's human.