A lei maria da penha e o princípio da isonomia: reflexões críticas

Abstract

Over the years, more specifically after 17 years of existence, as in many other situations due to changes in society, the Maria da Penha Law has suffered openings and different interpretations in its applicability. What used to be a specific situation of domestic violence by men against women, the law gains interpretations that allow its application in order to also protect men from domestic violence. Therefore, the objective of this study is to question and bring reflections on the interpretations that would allow a greater scope of the applicability of the Maria da Penha Law, based on the constitutional principle of isonomy, bringing reflections on Critical Criminology, Criminal Law, and Constitutional Law. This is because there are those who consider this Law as a “benefit”, and claim that it would be unequal to apply it only with the aim of protecting women, since women are not the only victims of domestic violence. Therefore, in order to make an analysis possible about the real need (or not) for the scope of its applicability, it is necessary to be aware of the entire context that involved the emergence of Law 11,340, including the reasons for its existence, considering the indices of domestic violence in Brazil.