Aplicabilidade da Lei Maria da Penha nas relações homoafetivas gênero masculino.

Abstract

The state has a constitutional duty to promote the rights and fundamental guarantees in favor of all persons, with no distinction, thus, when the need arises to protect the individual, the State must act cohesively applying the best protective measures in order to faithfully fulfill its role. This intention was created the Law 11.340/2006, known as “Maria da Penha” Law, which aims protect women victims of domestic and familiar violence. However, much has been discussed regarding the applicability of this for male victims, mainly when is faced a homosexual relationship, an issue that has generated a lot of judicial and doctrinal controversies. Understand that the Maria da Penha Law can only protect women, shows real affront to the postulates of Isonomy and Human Dignity, not to mention that restricts the real purpose of this standard, what is to prevent and end with family violence, safeguarding the stronghold of society, this is, the family, as a result, with the expansion of the concept of family given by the Supreme Court, the homoafetival male relationships should also have protection of the 11.340/06 Law. Given the importance of this topic, this study evaluates the hermeneutic processes authorizing the judiciary to apply the Maria da Penha Law for homosexual male relationships. For this, was utilized as methodological method was used deductive approach procedure the literature search, thus seeking to identify in this study the possibility of recognizing the legal hermeneutics to protect male subjects that form a family entity.