A (des)penalização dos delitos cometidos por mulheres em situação de vulnerabilidade no contexto da lei nº 11.340/06.

Abstract

Domestic violence is a multifaceted challenge that encompasses complex social, cultural, political and legal issues. Furthermore, the lack of understanding and protection offered to women makes tolerance towards this type of abuse obvious. Given this scenario in which they are inserted, victims of domestic violence may feel compelled, given the abnormal circumstances witnessed in their reality, to take measures to avoid even greater harm. In view of the problem raised, the general objective of this work is to problematize the (im)possibility of decriminalizing women who suffer domestic violence and commit crimes due to the situation in which they live, which is divided into three specific objectives, namely: presenting the origin of domestic violence in Brazil; analyze the consequences for women of the damage suffered as a result of domestic violence under the Maria da Penha Law; as well as discussing the (im)possibility of decriminalizing crimes committed by women in vulnerable situations. To achieve these objectives, the study presented was based on bibliographic and documentary research, characterized as exploratory and descriptive with a qualitative approach, with the methodological strategy of narrative literature review. It was considered that the thesis of anticipatory self-defense could be applied in exceptional cases of domestic violence, when the victim does not receive adequate protection from the authorities and needs to act preventively against the aggressor, following criteria such as the certainty of future aggression, the the State's failure to protect the victim, the impossibility of preventing the aggression and the demonstration that the woman could not withstand the risks to which she was exposed. It was also considered that, even if there is no specific legal provision for anticipatory self-defense, this thesis must be accepted when proven, in the name of protecting the rights of victims of domestic violence. This should not be used as a justification to restrict or deny legitimate defensive theses, since the principle of legality exists to protect citizens from the punitive power of the State.