A (im)possibilidade da aplicação das escusas absolutórias frente aos crimes patrimoniais contra a mulher, no ambiente doméstico e familiar

• Autor(a) principal: Campos, Juliana Ramos
• 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/15628
• topic: Escusas absolutórias; Violência patrimonial; Lei Maria da Penha; Aplicabilidade; Inaplicabilidade

The present study has the objective of analyzing the applicability of the absolute excuses in relation to patrimonial crimes against women, committed in the domestic and family scope. The Brazilian Penal Code disciplines absolute excuses, as extracted from its article 181. These hypotheses generate the exemption from penalty of certain people due to the relationship between the aggressor and the victim, provided by the legislator a view to preserving family harmony. However, with the advent of Law 11.340/2006 - Maria da Penha Law - there is a certain apparent conflict of rules regarding the application of this benefit, since this legislation expressly provides for property violence, through Article 7, IV . Furthermore, the objective of the referred law is precisely to prevent, punish and eradicate domestic and family violence against women. The work begins by addressing what are property crimes and criminal policy with regard to those in which there is no use of violence or serious threat, unraveling the range of benefits that are protected to these criminal types. In the sequence, the absoluteness excuses are dealt with, dealing with the historical context that led to its creation, its foundation, concept, legal nature, the hypotheses of its application, as well as the exceptions of applicability of this benefit. It is possible to know the legal institute to which the application is being discussed. An approach is also made regarding the Maria da Penha Law, dealing with its origin, the forms of violence expected, which comes to be the domestic, family and intimate relationship of affection, the active and passive subjects of that Law, as well as its beneficiaries, making brief digressions, also, about the instruments that Law 11.340 / 2006 is used to combat and prevent domestic and family violence against women. The next chapter brings together the absoluteness excuses and the Maria da Penha Law, dealing with the central problem proposed and the approaches that defend its application and inapplication. The doctrinal divergences are presented, so that it is possible to clearly know their fundamentals. That way, the objectives of the research are reached, which are based on the approach of absolute excuses, their legal nature and the hypotheses of their incidence, addressing the patrimonial crimes that receive application of this benefit. Furthermore, with regard to the (im) possibility of applying absolute excuses in the context of patrimonial crimes against women, in the domestic and family environment, knowledge of the legal and doctrinal discussions about this controversy was successfully achieved, as well as the reflexes that each thesis generates in the legal world.