(IN) EFICÁCIA DA AÇÃO PENAL PÚBLICA INCONDICIONADA A LEI MARIA DA PENHA (lei 11.340/06)

Abstract

The present work has as its central point to discuss the (in) effectiveness of the unconditional public prosecution of the Maria da Penha Law, constituted under nº 11.340 in 2006. In conducting this investigation we will use the collation of the literature on the subject, conducting their analysis and applying questionnaires to victims of domestic violence and legal authorities. This Law, represents a milestone in the conquest of women's rights and in the fight against violence against them within the family and other spheres. Its implementation, aimed at improving the protection of women, the law 11.340/06 made the assault on them, in a crime of public action unconditional representation of the victim. Thus, the complaint made against the aggressor is independent of being made by the victim himself, this example can be mentioned neighbors, relatives or people who experienced the fact and by individual or collective decision, decided to make the complaint against the violence that witnessed, although she was not the offended party. However, in many cases it is clear that motivated by mismatches regarding the intimacies of family life, many women end up reconciling with their abuser. In such circumstances, when the battered party has already filed a police report against his or her partner, or when someone else has done so even without the victim's consent, it is commonplace for the battered party to try to remedy the case and seek help from a court professional. (lawyer), to withdraw the complaint against the one who insulted you, either for fear, or for any other reason. However, it is not uncommon for them to be surprised by the (im) legal possibility of filing the case pending. Still under the protective measure of keeping some distance between aggressor and assaulted, there are couples who go hand in hand to the instructional hearing. However, situations occur where aggression recurs after the couple's reconciliation, but when insults occur again, the victim tends to resort to justice again, but there are also circumstances in which, by shame or other demands, these victims are subject them to living with these abuses brought about by the very masculine condition that has been socially built over the years. Given the framework we present, this paper will tend to explore both the effectiveness and ineffectiveness of the practice of unconditional public criminal action in the Maria da Lenha Law, using methodologies that include field research, interviews with victims and accused, as well as with some law enforcement, judicial authorities and under review of the position of our higher courts.