A (in)constitucionalidade da aplicação de medida protetiva de urgência por delegados de polícia e policiais no contexto da lei n. 11.340/2006

• Autor(a) principal: Paes, Gabriel Bortolato
• Data de Publicação: 2020
• 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/5485
• topic: Violência contra Mulheres; Proteção; Prevenção

The present work has as general objective to analyze the (in) constitutionality of the application of emergency protective measure by police officers and cops in the context of Law no. 11.340/2006, better known as the Maria da Penha Law. For this purpose, an exploratory research was used. Regarding the qualitative approach and the procedure used for data collection, bibliographic and documentary. an attempt was made to describe the historical legislative evolution that dealt with the protection of women in situations of violence. It also sought to conceptualize the constitutive elements of the Maria da Penha Law, so that it was evident that it is not about any violence practiced against women, but, specifically, gender violence. It also sought to analyze the emergency protective measures and their general aspects, the measures that compel the aggressor and those to the victim. In addition, it tried to point out the crime of non-compliance with protective measures. Was concluded that, although divergent, the understanding that deserves to prosper is that with the advent of Law no. 13.827/2006, the legislator sought to give greater agility and protection to women victims of domestic and family violence, not suffering any unconstitutionality, because the decision that maintains the protective measure of removal of the aggressor from home, is still under the final opinion of the Judge. In addition, there is no odious privilege for victims who reside in counties other than the county seat, as these women do not have easy access to the Judiciary.