The removal of supposed aggressor from home in cases of domestic violence by police authority

Abstract

The aim in this study is to analyze the provision brought by the Law n. 13.827/19 that allowed the removal of the supposed aggressor from home in cases of domestic violence by police authority, in contrast with the principles of the home inviolability, forbiddance of insufficient protection, separation of powers and judicial reserve. The research was realized by the deductive method and through doctrinal and jurisprudential research. The subject holds relevance and topicality, searching for efficient mechanisms to repress the domestic and family violence against a woman that is still rooted in society and stills persists nowadays. The new hypothesis for the removal from home brought by the law aims to maximize women rights, ensuring their security and physical integrity, providing more effective protection under the circumstances in this specific case, with a view that the state-judge is not present all the time and in all the situations. On the other side, the issue apparently comes in conflict with others provisions of the legal system, such as the separations of powers and the reservations of jurisdictions. Either way, throughout the study developed it was concluded that the removal from home of supposed aggressor in case of domestic and family violence by the police authority shows itself reasonable facing the marks brought by law, adopting the measure in a exceptional and subsidiary way.