Aplicabilidade por analogia da lei Maria da Penha ao homem vítima de violência doméstica.

Abstract

This study's purpose was to analyze the effectiveness analogous application of Law 11.340, August 7th, 2006, popularly known as Maria da Penha Law, to the man who suffers domestic violence. Furthermore, the method adopted in this work was the deductive, historical and finally, the legal exegesis, both playing a primary role in the application and scope of the rule. Moreover, in full Lawful Democratic State there is a need for protection and security to the rights and guarantees equally and proportionally to both genders, whether male or female, in order, that they occupy the same position, the vulnerable one, seen as some immunity protected by the law. This failure to include the man that protection ultimately generates diversity and discrepancy, injuring the principle of equality laid down in our current Magna Carta, thus generating a possible unconstitutionality. However, it is essential the implementation of a legal apparatus that ensures both genders, ensuring isonomic treatment and state protection because the domestic abuse has reached an exorbitant apex, capable of generating risk factors for life and to physical integrity, moral, sexual and psychological in all society, without distinction. Thus, the provisions laid down by Law, to meet the emergency measures should be extended as primarily the man, who is also a victim and susceptible of protection.