Violência doméstica contra a mulher: o que faz a Legislação Brasileira não inibir a sua reincidência.

Abstract

Brazilian legislation not to inhibit the relapse of the domestic violence against the women, pondering where it consists the violence in the private scope of the homes, the forms who it can materialize itself, studying the cases of domestic, psychological, physical and sexual violence, characterizing the profile of the victims of the violence in question and presenting the usual habits to the aggressors and searching to acquire knowledge the society of the consequences of this modality of violence for the women victims and the caused ones for the same one in the intrafamiliares relations. Showing the reasons that make with that the women who suffer these aggressions its aggressors and the forms more habitual do not denounce than this violence i f he initiates. What it intends is to prove that the State is omissive and defective for having the ability and not fulfilling its paper of minimizador of the relapse of the referring infractions to the domestic violence suffered by the women, therefore would have to create Courts Specialized in the Domestic Violence Against the Woman and to provide to the formation of entities of support to the women victims of domestic violence and courses of qualification and professionalization. For what i f it could observe during the carried through research crimes tipificados in the legal system exist that i f molds it the domestic violence against the woman, but are visible that our necessary legislation of deep changes with regard to the effectiveness of the application of the norms and its sanctions and also regarding impunity, for not having a punshability adequately fulfilled and the norms not to proclaim and to accomplish the preventive and intimidativo character to the infractors of the considered crimes of offensive potential minor, being in this roll enumerated most of the relapsing crimes of domestic violence. Thus the reasons that take our legislation not to hinder the relapse of the crimes of domestic violence are directly on the deficiency of an effective applicability of the legislation and the necessity of update of the penalties and tipificacao of the crimes, together with lack of preparation of the competent agents to receive these women when they look for for aid, the lack of the creation of Courts Specialized in the domestic violence against the woman, the scarcity of projects of psychological, social support and financier the these victims, including the oferecimento of qualification courses and professionalization for these have a possibility of reconstructing its lives, also contributing for the relapse of violence the absence of supply of psychological whitewashing to the aggressor and still the spreading on the part of the State and private companies of campaigns of prevention with the purpose to arrive the root of the problem in evidence that is the awareness of the society in general of the rights that the woman possesss integrally of being respected, psychological, physically and sexually, as any human being, without descriminacao.