Adolescente agressor e a Lei Maria da Penha: da medida de afastamento domiciliar em caso de violência doméstica e familiar

Abstract

This article aims to analyze the problems regarding the applicability of the protective measure of urgency of removal from the home, domicile or place of coexistence with the victim, disciplined in article 22, II, of the Maria da Penha Law (LMP), when provided to an adolescent accused of domestic and family violence against women. In light of the doctrine of integral protection systematized in art. 227 of the Federal Constitution and in the Statute of Children and Adolescents, the possibility of applying urgent protective measures to women, who are also vulnerable due to gender inequality, still cause controversy when they aim to restrain adolescents, considering that the latter is recognized his peculiar condition as a developing person. It’s necessary to analyze the "paradigmatic turn" promoted by the doctrine of integral protection for later, analysis of the protective institute assured to women and its possibility of extension to an adolescent. The contributions of Mário Luiz Ramidoff in the construction of the Law of Children and Adolescents are adopted as a critical parameter, based on the formulation of a specific legal-protective propaedeutic. Also, the contributions of Peter Gabriel Molinar Schweikert are considered regarding the construction of "standards" collected in the scope of international law for the establishment of parameters for restrictions, based on the need to apply an urgent protective measure provided for in art. 22, II, LMP, to the adolescent's right to family life. The qualitative research, with a comprehensive and critical character, makes use of doctrinal, legal, regulatory and jurisprudential sources, with emphasis on the critical confrontation between the Statute and the LMP.It is concluded that, even if the removal of an adolescent accused of domestic and/or family violence against the woman of his family nucleus is possible, the Statute of the Child and Adolescent, through its protective measures, will be the system applied, in view of the co-responsibility provided for in article 227 of the Federal Constitution, the doctrine of integral protection and absolute priority ensured to youth.