15 anos de lei maria da penha: evolução histórica das medidas protetivas de urgência

Abstract

Violence is a complex, multi-causal phenomenon that is arduous to define, and it has been hailed as one of the biggest political and social burdens in the world. In order to call on and criminalize the aggressor, in 2006, Law n. 11.340, of August 7th, also known as the “Maria da Penha” Law (MPL). Among the jurisdictional steps provided by law, urgent protection measures (UPMs) stand out for protecting the victim of aggression with regard to their physical and psychological integrity, as well as their property rights, and ensuring that the woman can follow your daily life without being disturbed by the aggressor. Such actions ensure that the fundamental rights provided for in the Federal Constitution of 1988, regardless of class, sexual orientation, race, religion, culture, education and age are fully practiced. This is a qualitative, descriptive and exploratory research, performed through Document Analysis. Data were collected from primary sources and occurred in September 2021. Data were summarized into categories according to sections of the MPL, highlighting general provisions, additions made over time, and the implications of this for protective measures. The research identified six changes in Chapter II of the UPMs, in the period 2018 to 2020. Significant changes were observed with the expansion of protection actions, inclusion of new measures and creation of a specific section that addresses the criminal repercussions in case of non-compliance with Judicial decision.