A violência contra a mulher e a (in)eficácia das medidas protetivas adotadas pela Lei nº 11.340/2006

Abstract

The present study intends to examine the effectiveness of the Urgent Protective Measures adopted by Law 11.340 / 2006 in situations in which there is a concrete practice of domestic and family violence against women, reflecting on the preventive, punitive and protective nature itself of such measures aimed at guaranteeing the full exercise of women's fundamental rights to human dignity, non-violence and physical integrity in the current Brazilian factual and legal context. Within this perspective of analysis, this study sought to assimilate the historical origins of violence against women, to verify the types of domestic and family violence that women are subjected daily in Brazilian society, in addition to analyzing constitutional principles, international treaties relevant to the theme in vogue, in the light of the Maria da Penha Case and its repercussions on the drafting and promulgation of Law 11.340 / 2006. With these results, it was observed that gender violence is caused by a cultural construction of hierarchy of the male gender at the expense of female, as well as the need to expand the State's supervisory power for the effective fulfillment of the Measures. Protective measures provided for in the Maria da Penha Law.