FREITAS, M. O. R.; FREITAS, Matheus Oliveira Reis de.
Résumé:
Currently, much has been discussed about the various forms of violence against women,
among them, property violence. Thus, the present work has as general objective to analyze a
supposed conflict observed between specific provisions of the Penal Code and the law no
11.340 of 2006, called Maria da Penha Law. With the advent of item IV of art. 7 of the
aforementioned law, which deals with patrimonial violence against women, there is an
apparent conflict of norms in the national legal system. At this point, it is presented as a
problematization of the research: The absolutory excuses, also called absolute immunities,
provided for in art. 181 of the Penal Code, even after the express provision of patrimonial
violence in the Maria da Penha Law, could grant exemption from the penalty to the author who
committed the crime in a factual context protected by the aforementioned special rule, in case
of crimes against property practiced without the use of physical violence or serious threat? In
order to obtain an answer to the questioning, the research methods used are the deductive,
as a method of approach, and the systemic, as a method of procedure. The research
techniques used are: bibliographic and indirect documentary, the latter when analyzing the
selected judgments and the former, when working the research from bibliographic content of
articles from scientific journals, normative provisions and other doctrines that lead to the
subjects studied. The work is developed through a historical-social study of the integration of
women in patriarchal society; doctrinal study of the Maria da Penha Law, especially regarding
the issue of patrimonial violence, as well as doctrinal currents, their positions and justifications
regarding the application or removal of art. 181 of the Penal Code in cases where the woman
is the victim of a crime against property/patrimonial violence, in a domestic and family context.
Finally, the work verifies if the applicability of acquittal in these cases would affect the
effectiveness of the Maria da Penha Law or, even, would make the right of women in a situation
of patrimonial violence unfeasible. Thus, a gap built by the law of interpretation of the restrictive
interpretation is concluded, in which the accused are subject to the norm of patrimonial
violence, even those that fall within the legal context of the criminal law, its use is not strict in
the legal context. criminal law, its use does not exist. affecting the principle of specialty and
frustrating the protection conferred by the special rule.
