A (in) eficácia da aplicabilidade da lei n. 11340/2006 – Lei Maria da Penha, diante de um cenário constante de violência doméstica e familiar contra a mulher

Abstract

This research aims to analyze the applicability of Law no. 11340 / 2006, the Maria da Penha Law in the face of the constant growth of cases involving domestic and family violence, highlighting the causes that have contributed to the recurring increase in women who are raped and murdered, emphasizing the main points of Law no. 13104 / 2015 and its repercussion with the insertion of the qualifier feminicídio in the list of heinous crimes.Punctuate the transformations and significant changes brought about by the aforementioned Special Law, which from restrictive punishment to deprivation of liberty has brought a new scenario to the Criminal Justice System, ceasing to be a mere crime of small offensive potential, thus prohibiting the application of the penalizing measures, the civil composition of the damages, criminal transaction the conditional suspension of the process, and the agreement of the non-criminal prosecution, this, innovation of Law no. 13,964 / 2019 (Anti-Crime Package). The method of approach used was the deductive one through the analysis of premises in a logical construction using doctrinal documents, jurisprudence, legislation and bibliographic reviews. It is extremely important to reflect on new perspectives for preventive and restorative measures associated with the evolution of more effective public policies.