A VIOLÊNCIA DOMÉSTICA E FAMILIAR CONTRA A MULHER E A EFETIVIDADE DA LEI MARIA DA PENHA NA JUSTIÇA: uma análise da aplicação das medidas protetivas de urgência na cidade de Imperatriz-MA.

Abstract

The Law nº. 11.340, of August 7, 2006 (Maria da Penha Law), brought to the Brazilian legal system new civil, criminal, precautionary procedures, for crimes committed against women in the within the household and family such as the application of protective measures of urgency, characterized as a faster means to cease the contact between the parties, and other conditions that permit the violence, agreed in legislation. In this sense, the present paper analyzes the effectiveness of the implementation of such measures, in the city of Imperatriz, Maranhão State, the judiciary (Special Court for Domestic and Family Violence against Women), in 2013. The research begins with a reflection on the theories of fundamental human rights in the Federal Constitution of 1988 related to gender, pointing out new perspectives outlined by post- positivism, the need for immediate application of constitutional principles to give effect to the fundamental rights of women, especially those of equality, freedom, human dignity, physical, moral and psychological integrity, and the right to life itself. It also highlights the major international conventions on global and regional system of human rights of women - in other words, those contained in the special protection system in view of the vulnerability of women -, as a way of demonstrating the concern of the countries with the issue of gender and the influence of these conventions in the domestic legislation of Brazil, through legal frameworks with exposed divisive parameter presentation at the 1988 Federal Constitution. To enter in research on the effectiveness of an instrument of Maria da Penha Law analyzed in situ research mentioned, the paper discusses the importance of the conceptual aspects of domestic and family violence against women , bringing the differentiation of the concepts of household and family unit as well as featuring the actors of the process, aggressor and victim. Emphasizes the history of such violence in Brazil after Law nº. 11.340 - 2006, intertwining with the cultural and ideological context and notes of feminist movements in favor of stricter regulation. It also presents the manifestations of domestic violence against women outlined in the legislation. The research exposes the trajectory advent of Maria da Penha Law, as a consequence of the debates in the legislative sphere and civil society itself and the main discussions about its constitutionality, presenting the procedural aspects, especially the urgent protective measures and institutes of general and special prevention of recurrence. Finally, does the exhibition of documentary research conducted at the Special Court for Domestic and Family Violence of the city surveyed, to respond to questioning, observing, beyond the effective implementation of the measures, the age profile of victims, relationship to the aggressor, the types and number of police report of violence practiced, the amount of urgent protective measures that oblige the aggressor and established in favor of the victim, classified according to the described in law and the presentation of public policies existing in the municipality.