LEI MARIA DA PENHA SOB A PERSPECTIVA CRÍTICO JURÍDICO FEMINISTA

Abstract

Over the centuries, women were subject to domination and submission in relation to men. Social roles were imposed, thus creating a feeling of inferiority, which contributed to gender violence, in particular domestic violence. In view of this, this research aims to analyze the application of the Maria da Penha Law (Law 11.340/06) under the critical feminist legal perspective, in order to verify its (in)effectiveness with regard to the protection of women in situations of violence. Therefore, the technique used was bibliographical research, based on readings and critical analysis of doctrines, articles and jurisprudence that manifest themselves on the subject. Furthermore, in order to give an empirical character to the present study, a data survey was carried out, based on the dossiers prepared by specialized institutes. The work structure is organized into three major parts. In the first of them, a brief explanation about the concepts of gender and patriarchy is brought to the reader. Then, an approach is made to the historical evolution of women's rights, so that, in the third moment, it is possible to analyze the data on the Maria da Penha Law over time. In the end, it was possible to conclude that, despite the progress after the implementation of the Maria da Penha Law, it was still necessary to adopt measures beyond positivization, requiring not only repressive action, but also preventive action, in in particular, through public policies that implement integrated prevention, protection and assistance measures for women in situations of violence. It so happens that, despite the urgency of the agenda, it is noted that, due to lack of interest in the state, Brazilian women continue to be killed in their homes and murderers go unpunished, causing more victims and increasing statistics.