A mulher em situação de violência doméstica e familiar na pandemia: análise acerca das medidas protetivas de urgência à luz do princípio da proteção

Abstract

The article discusses the Emergency Protective Measures aimed at women pursuant to article 23 of the Maria da Penha Law (Law 11/340/2006) and their application in the context of the coronavirus pandemic (SARS-COV-2) based on the constitutional principle of protection. We have that the devastation of the pandemic crisis generated a forced coexistence of women in situations of domestic and family violence with their aggressor, since social distancing and quarantine measures were implemented, which gave rise to an increase in cases of violence and complaints across the country. Therefore, it was necessary that the Public Power and the women's support associations adapt to the new reality, bringing security to the woman inserted in this context of violence, as well as a new aspect of implementing urgent protective measures. Therefore, the article aims to address whether the State fulfills its constitutional duty to protect vulnerable women in the context of domestic and family violence, through an analysis of Law 11.340/2006 and later, of laws that include instruments for the protection of women. The approach used is dialectical and qualitative, based on bibliographies on domestic violence, the principle of human dignity, as well as jurisprudential analysis. Therefore, it is observed that measures and instruments must be adapted to the pandemic scenario about the protection of vulnerable women.