A Lei Maria da Penha no cenário de violência doméstica: breve análise crítica

Abstract

This paper aims to demonstrate the importance of the creation of Maria da Penha Law to ensure access to justice for women victims of domestic and family violence, and to present that not only they, but men can also be victims and they deserve the same access to justice. From a brief analysis will demonstrate the concept and forms of domestic violence, in addition the procedure in the application of this law. To do so, will be demonstrating the application of urgent protective measures that may be granted to the victims, and the right to retract and renounce complaint against her attacker before the competent judge at the preliminary hearing, which is held before the offering of the complaint. About the content, will evidence the context of Law 11,340/2006 and the difficulties in applying the principles of equality, reasonableness and the contradictory and full defense. Similarly, describe the consequences of creating convictions for more serious sentences to try to prevent a recurrence of domestic violence, being that the motivation of domestic and family aggression is related to social and cultural problems.