Lei 11.340/06 (Lei Maria da Penha): a inadequação do direito penal para a solução dos conflitos de natureza doméstica e familiar

Abstract

The Law no. 11.340/06, also known as Maria da Penha Law, which gives more rigorous and punitive treatment to domestic and family violence against women, has been in force for 10 years in the Brazilian legal system, so that it is now possible to make an analysis of its effectiveness and the fulfillment of one of its main objectives, the fight against this type of violence. The aim here was to demonstrate that Criminal Law does not consider the particularities of gender conflicts, ignoring their origin, and that consequently in many cases it is inappropriate for the solution of the conflict. In order to do so, we proceeded to investigate the legislation, doctrine and research carried out on the subject, which allowed us to conclude that the legal document, a result of popular outcry and media pressures for greater punishment, led to an expansion of the custodial sentence, and at the same time to the banalization of Criminal Law, as well as, as a rule, do not give voice to the victims, who often do not want the punishment of their aggressors. Thus, although the foundation of the Law is commendable, seeking to protect women from gender-based violence, it must be taken into account that the issue involves a structural problem of society, and the discussion must go through a deconstruction of the sexist and misogynist vision, going beyond of immediate and symbolic criminal responses.