A APLICABILIDADE DE LEIS DE PROTEÇÃO ÀS MULHERES VÍTIMAS DE VIOLÊNCIA DOMÉSTICA

Abstract

The present work has the purpose of bringing to light a discussion about discrimination, oppression, inequality and violence against women, especially the violence that occurred in the family, which has been increasing alarmingly in Brazil. There is only equality when there is equity, since, one completes the other. In other words, even if it is legitimate and legalized that everyone has the same right, it is essential that the condition exists so that everyone can exercise it equally, hence equity is necessary. In this bias, contrasting Law 11.340 / 06 - Maria da Penha Law - with the Magna Carta, in its Article 5, that seeks a concept of sex equality as material equality, in order to ensure essential guarantees to women in vulnerable conditions. In this work, the historical origin of Law No. 13,104, of March 9, 2015, which changed article 121 of Decree-Law No. 2,848, of December 7, 1940 - Penal Code, which establishes feminicide as a qualifying element, will also be addressed. of the crime of homicide, and article 1 of Law 8,072, of July 25, 1990, to include femicide in the list of heinous crimes, becoming one of our greatest mechanisms for repressing violence against women. In addition to questions about domestic violence, some historical factors that contributed to making men feel entitled to have women as an object for the satisfaction of their desires will be the object of the work. In this line of thought, and in order to clarify and change the reality experienced by women in Brazil, statistical data from research carried out in order to clarify and change this situation will be exposed. We conclude that it is important to create continuous actions to face gender-based violence, such as: spreading this issue in society, in order to raise awareness; develop public policies as a means of prevention; carry out an educational campaign for society in general, including educational institutions; and disseminate instruments for the protection of women's human rights.