A Lei Maria da Penha: a necessária releitura da legislação frente à ineficácia da prisão do agressor

Abstract

The present study has as main objective to propose a critical analysis of the Maria da Penha Law demonstrating the ineffectiveness of the arrest of the offender in the face of domestic violence against women. It observes that the legislation brought some important institutes, such as the provision of protective measures, forms of domestic violence prevention, assistance to women victims of such assaults and the possibility of creation of Domestic Violence and Family Courts against the woman. However, law No. 11,340/06 enabled the pre-trial detention of the offender, increased the maximum penalty of the crime of bodily injury art. 129, § 9, CP and prohibited the application of law No. 9,099/95 to the crimes charged with domestic violence against women and the family. In the fight against the harsh punishment of the Maria da Penha Law, this study seeks to demonstrate alternatives to the incarceration of the offender which can assist in combating this type of violence. Thus, using statistical data from IPEA and the Senate coupled with the alternatives proposed by Graziela Neves Pozzobon and Marcelle Cardoso Louzada, it is demonstrated that Restorative Justice is a possible solution on gender violence in the household.