A ineficácia da utilização do Direito Penal como principal ferramenta no combate a violência doméstica e familiar contra a mulher

Abstract

Enacted in 2006, Law 11,340, widely known as the Maria da Penha Law, is the result of achievements of feminist movements, in the sense of preventing and combating domestic and family violence against women. Enactment of the expanded law as an incentive to combat domestic violence and reaffirmed Brazil's commitment to combating and guaranteeing legal protection and institutionalized support for women in situations of violence. However, the unreflective bet on the criminalizing aspects of the law seems to distance itself from the purpose of the aforementioned normative diploma. This work aims to direct the functions of the law, its protective and preventive character and, above all, explore the ineffectiveness of criminalizing non-compliance with an urgent protective measure, provided for in art. 24-A as a way to combat domestic and family violence against women. Using bibliographical research as the main means, this work fundamentally seeks the use of non-coercive extrajudicial and judicial measures in order to reduce the number of cases of domestic and family violence against women. In addition to criminalizing measures, it is possible to point out that the use of restorative methods and the protection network for women are essential in breaking the cycle of violence and decreasing the number of cases and recidivism