Maria da Penha Law

brief points on the contextualization of its insersation in the brazilian legal order

Authors

  • Silviély Vollet Universidade do Contestado (UnC)
  • Paulo Silas Taporosky Filho Universidade do Contestado (UnC)

DOI:

https://doi.org/10.24302/acaddir.v1.2295

Keywords:

Maria da Penha Law, Domestic violence, Types of violence, Punishment

Abstract

This article concisely reports how the scenario in which Law n.º 11.340/2006 was promulgated was established, bringing a little of the life story of Maria da Penha Maia Fernandes, the name with which the law ended being “baptized”, exposing its trajectory by the Courts and International Commissions that eventually resulted in the creation of the referred law. Still, it points to some of the updates that the law has undergone from its edition to the present day, since this legislation was created in Augusto 2006, with the purpose of curbing domestic and family violence against women. At the same time, the law sought to create mechanisms to prevent, punish and eradicate violence against women, which aims to protect life and establish assistance and protection measures for women in situations of domestic and family violence. As shown, the forms of violence against women at home and in the family are differentiated into different types of violence, such as physical, sexual, psychological, moral and patrimonial, with brief notes on each subject type of violence. Finally, the question is whether what is observed in this decade of law makes it possible to list the Maria da Penha Law as an effective law to combat domestic and family violence against women.

Author Biographies

Silviély Vollet, Universidade do Contestado (UnC)

Graduanda em Direito pela Universidade do Contestado (UnC)

Paulo Silas Taporosky Filho, Universidade do Contestado (UnC)

Mestre em Direito pelo Centro Universitário Internacional (UNINTER); Especialista em Ciências Penais, em Direito Processual Penal e em Filosofia. Professor de Processo Penal na Universidade do Contestado (UnC). Professor de Criminologia no Centro Universitário Internacional (UNINTER). Universidade do Contestado (UnC). Campus Canoinhas, Santa Catarina. Brasil.

Published

2019-11-20

How to Cite

Vollet, S., & Taporosky Filho, P. S. (2019). Maria da Penha Law: brief points on the contextualization of its insersation in the brazilian legal order. Academia De Direito, 1, 83–99. https://doi.org/10.24302/acaddir.v1.2295

Issue

Section

Artigos