Mapeando e analisando as resistências à aplicação da Lei Maria da Penha: crítica hermenêutica de interpretações ilegítimas de atores institucionais

Abstract

This article presents part of the results obtained in research carried out regarding a diagnosis indicative of decision-making failures in the public policy cycle relating to the Maria da Penha Law, within the scope of the State of Goiás. This is empirical, qualitative, exploratory and descriptive research, which has as its source the analysis of legal processes that are being processed in judicial bodies of the State of Goiás. The time limit is the entry into force of the Maria da Penha Law, on August 7th. 2006. Data collection took place directly through the PROJUDI system (TJGO) and the Atena system (MPGO), with only primary sources being processed by the researcher. Considering that 100% of judicial and extrajudicial processes (MPGO) are digitalized, direct and unmediated access was possible, using the access password of a member of the Public Ministry. Initially, court decisions were identified that restricted the scope of application of the Maria da Penha Law. In a subsequent phase, the selected decisions underwent analysis of argumentative strategies, under the theoretical matrix of the Hermeneutic Criticism of Law. As a methodological strategy, a multiple case study of decisions made bythe Judiciary that mitigated or emptied the scope of the prevention and repression instruments of thepolicy inaugurated by the Maria da Penha Law will be used.