Lei Maria da Penha: uma análise crítica da sua aplicação nas cidades do Recife e do Rio de Janeiro

Abstract

It is noticeable the growing criminalization legislative demand of domestic violence in Brazil. In 1995, with the creation of the Special Criminal Court, occurred the facilitation of access to justice; feminist movements, however, reacted in order to exclude the Law nº 9.099/95 in the specific case of domestic violence, in view of the apparent flexibility of the system in these Courts. Then comes, to meet social expectations, Law nº 11.340/2006, popularly known as "Maria da Penha Law", which, among other things, introduced a hardening penal system in the treatment of domestic and family violence. This dissertation intended to investigate the state punitive intervention through the theories of punishment and its delegitimization, understand the desires reached by feminist movements since the Law nº 9.099/95 till the punitive increase arising under Law nº 11.340/2006, as well to identify symbolic mechanisms of criminal policy to combat domestic violence, by analyzing the sentenced criminal cases in the years 2014 and 2015 in the cities of Recife and Rio de Janeiro. To achieve these objectives, in addition to the documentary and bibliographical study, empirical research on I Court of Domestic and Family Violence against Recife woman - VVDFMR and V Court of Domestic and Family Violence against Rio de Janeiro woman JVDFMRJ was held. The criminal cases were analyzed based on criteria established in advance in order to establish a profile of the actors and the progress/procedural outcome, namely: criminal types, kinship, the alleged attacker profession, firstness, prison occurrence in the act and probation, punishment dosimetry, repeatining the reasoning in court decision, if the victim's behavior influenced the occurrence of the event, conversion of the penalty to right restriction, application of probation, if there was absolution, if there was some way to extinct culpability and if there was condemnation. During the data analysis of criminal cases, some decisions have drawn attention of the researcher because they reflected standards adopted by judges in the preparation of dosimetry of the penalties. These sentences also became an object of study and deepening in the speeches that permeate the text, through an analysis based on the theoretical framework of critical criminology. These results indicate the historical violence selectivity perpetrated by state mechanisms of punitive control, which seduce with the possible ability to assume the defense of social interests of utmost importance, but do not deliver what they promise. In addition, the data revealed a tendency to incarceration, during the criminal proceedings, even if, in the end, these are not applied. Great contradiction of the criminal justice system lived in the context of domestic violence, which reproduces violence and pain.