Lei Maria da Penha e a aplicação de medidas cautelares: análise sobre seus efeitos práticos

Abstract

The study analyzes the history of domestic and familiar violence against women in Brazil, highlighting the evolution of mechanisms to combat it until the implementation of the Maria da Penha Law, number 11.340 of 2006. Through a historical analysis and based on recent research on the scenario of violence against women in Brazil, it addresses the effectiveness of the law's application in practice, it´s effects, and consequences, raising questions about the effectiveness of protective measures. Thus, the study explores the importance of the police report and the State's role in protecting women, emphasizing the need to address deficiencies in the application of the law for a positive impact on reducing high rates of violence against women in the country. It is concluded that the Maria da Penha Law represents a legislatively significant achievement, responsible for protecting thousands of lives every year and formally providing numerous tools to achieve its goal. However, even with explicit legal provisions, the Law still faces cultural and institutional challenges that hinder its success in the combat against the historically entrenched issue in the country. Despite the numerous advances and benefits provided by Law n° 11.340/06, women in Brazilian society are still undervalued and have their humanity invalidated by men, especially in the domestic and familial context, who perpetuate the sexism culture. This cultural aspect, added with the actions of judicial institutions failing to fulfill their role in protecting the fundamental rights of women and ending up reproducing and perpetuating misogynistic cultural patterns, are identified as the main factors responsible for hindering the effective progress of the Maria da Penha Law and effectively reducing rates of violence against women in Brazil