Lei Maria da Penha: uma visão macro sistêmica das medidas protetivas e de prevenção à violência

Abstract

Why does the media report countless cases in which women, under protective measures, end up being victims of violence and even femicide? More: why is there a general impression that the Maria da Penha Law does not, in fact, serve to protect women? Faced with the historical phenomenon of a continuous increase in cases of violence against women and a greater number of victims who are unable to receive proper assistance and protection, it is necessary to compare the Maria da Penha Law with practice. For more, check what is predicted and what is missing. As a starting point, a macro-systemic view of this scenario was adopted, that is, a notional, comprehensive approach, with an informative character and accessible language, especially for those who seek a starting point in research on this area or little know about it. The methodology of the work consisted of a theoretical legal survey, based on desk research in several sources, both academic and professional, of theses, data, laws, jurisprudence and articles that addressed the characterization of integrated preventive and urgent protective measures. Thus, it was possible to perceive the impact of the Maria da Penha Law, in the sense of identifying what is causing the decrease in the efficiency and effectiveness of the integrated preventive and protective measures of urgency, unique instruments of that device. The conclusion obtained revealed that, in the end, inefficiency and ineffectiveness are not in the law, but in the Public Power, which cannot provide the necessary structure for proper legal applicability.