Medidas protetivas da lei maria da penha e a resposta judicial ao descumprimento reiterado: um estudo de caso no 2º juizado de violência doméstica e familiar na comarca de Natal/RN no ano de 2024

Abstract

This qualitative study analyzed the effectiveness of the sanctions applied for the violation of Urgent Protective Measures (UPM) and evaluated whether judicial accountability fulfills a preventive function in reducing recidivism, within the scope of the 2nd Court of Domestic and Family Violence Against Women of the District of Natal/RN, in 2024, under the Maria da Penha Law (Law No. 11,340/2006). The hypothetical-deductive method was adopted, with the analysis of 28 (twenty-eight) cases. The results indicated that judicial warning was the most frequently applied sanction and proved effective as an initial response, since only 7 (seven) cases showed recidivism after the first sanction. However, in situations of high and persistent risk, the initial accountability proved insufficient, requiring the adoption of more rigorous measures. The relevance of the Girassol Protocol in risk management and continuous monitoring of victims was also highlighted. It was concluded that, although initial sanctions perform a preventive function and contribute to reducing recidivism, the effectiveness of comprehensive protection for women depends on the appropriate escalation of judicial responses in cases of recidivism or high offender dangerousness, as well as on the maintenance of Urgent Protective Measures while the risk persists, articulated with active institutional monitoring programs.