Violência contra a mulher nas relações domésticas: uma análise acerca da proteção conferida pela lei Maria da Penha em face do direito comparado

Abstract

The present study aims to investigate the effective applicability of Law 11.340/06, called as "Maria da Penha" law, which is often understood as an advance for the reduction of cases of violence in Brazil. On top of this question, the research problem was set up, which was thought to respond by means of a hypothetical deductive methodology and a conjunctural investigation that Brazil is inserted, thus using time analytical and statistical resources and in other moments of primary and secondary literatures. The hypothesis, in turn, was based on a quick observation that Law 11.340/06, although one of the best in Latin America and the Caribbean, does not correspond to its objectives. Another important aspect for the development of the work is the presentation of some key pillars for the case, such as the understanding of the role of women in society, the concept of domestic violence in Brazil, law 11.340/06 and its constitutionality. After this process, the applicability of the law is investigated, in which an exciting but not sufficient result is reached to answer the proposed question, since as it is perceived, the law "Maria da Penha" has critiques and limits that can only be visualized when understood its origin and proposed effects. Finally, a result is achieved according to the assembled hypothesis, but different from the one imagined, since the development of the work leads one to believe that the law does not correspond to the objectives proposed by it.