O crime de desobediência às medidas protetivas na Lei Maria da Penha: a lei 13.641/2018 e seus impactos jurídicos

• Autor(a) principal: Schmitz, Alexsander Matheus
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/6175
• topic: Medidas protetivas; Violência contra a mulher; Violência familiar

This monograph aims to verify the legal innovations brought by Law 13.641/2018 in the scope of the protective measures imposed by the Maria da Penha Law. The nature of the research regarding the level was exploratory and, regarding the approach, qualitative. The procedure used for data collection was the bibliographic and documentary procedure. The chosen research technique consisted of bibliographic records. It was verified through this monographic work that Law no. 13.641/2018 innovated in the question of being the first crime listed in the text of the Law of Maria da Penha, also brought an exception to the general rule of decree of guarantee of Art. 322 of the CPP, and also, by the filing of a criminal action in the face of the aggressor for the offense established in Art. 24-A of 11.340/2006, the forms of violence of the Maria da Penha Law were also identified as physical, moral, sexual, patrimonial and psychological violence. Superior courts were unanimous on the issue of inapplicability of Art. 330 in cases involving emergency protective measure of Law 11.340/ 2006. This is the crime of disobedience the protective measure of a crime itself, which can be made based on an act or omission, depending on the protective measure is violated, the case even a formal crime where deceit is necessary, in addition to the summons of the agent in order to give him notion regarding the protective measure, as well as the validity of the measure.