Lei maria da penha: violência de gênero e aspectos controvertidos

Abstract

The "Maria da Penha Law", since its origin, presents controversial aspects about who would be the people protected by norm. Thereby, the present study intends to analyse, through the bias of a qualitative and bibliographic approach, making use of the dialectic method, the appropriate situations in which the law might be applied, through the issue of gender violence, addressing the incidence for transsexuals and homosexuals. In addition it will be discussed the main points regarding the new criminal offense of "Femicide", as a corollary of greater protection to women. The idea is that with proper application of the law, the goals set by the legislator, whose recommendations were carried out by international organizations, it will be conquered and the society respect women, transsexuals and gay, in front of their vulnerability. Therefore, domestic violence characterizing requirements will be identified, as well as the gender issue, because, these last-mentioned aspects, when present in a solid case, are the accurate occasions for the 11.340 (2006) law's appliance. All the research's foundation and substantiation will be based on the doctrine, current jurisprudence and valid legislation.