Política criminal e Lei Maria da Penha: o deferimento do comparecimento do agressor a programas de recuperação e reeducação como a principal medida protetiva de urgência

Abstract

<jats:p>A Lei Maria da Penha possui natureza marcadamente penal. Ocorre que a punição penal estatal, entendida apenas como a determinação de prisão do agressor, nos casos de violência doméstica não encontra efetiva resposta social quanto à diminuição dos casos albergados pela lei. Busca-se a utilização da previsão legal de comparecimento do agressor a programas de recuperação e reeducação como a principal medida de urgência a ser deferida como mecanismo efetivamente capaz de diminuir a reincidência de agressores de violência de gênero.</jats:p>

Unveiling the Strategies Used by Women for Confronting Marital Violence

“…If so, the process is set up and sent to the Violence Court, where the causes of a civil nature (protective measures, for example) and the criminal (of the act itself) arising from domestic and family violence against woman are judged and executed . 22 Women need to understand that the registration of the incident in the police station is only the initial "kick", and, therefore, the sequencing of other legal actions necessary to forward the complaint to the protective measures. This understanding is fundamental for preventing women from giving up living a life free of violence.…”

“…They are set up as instruments used to preserve the victim's and the children's fundamental rights, when necessary, being issued by a judge within 48 hours of the request of the Public Prosecution Service, or at the request of the offended, and may be isolated or cumulative. [22][23] Among the most applicable measures are removal from home or other place of living; setting a minimum limit between the parties; and suspension of visits to minor children, in case of risk for them also. The measure may also seek to protect the property of the woman's individual property, as well as those of the marital society, temporarily preventing the conclusion of acts and contracts of purchase, sale and rental of common property.…”

“…It is to be noted that the protective measure may be suspended if the woman wishes so. 22 It is noteworthy that the protective measure has civil character as its legal nature, not criminal, since it is a means aimed at protecting the victim, preventing the continuation of the aggressions, and not necessarily impose a sanction to the offender. However, when there is non-compliance with 7/11 the provided measures, the judiciary service may order the preventive arrest and institute criminal proceedings, turning the situation into one of criminal nature so that the victim is protected in accordance with Article 313 of the Code of Criminal Procedure.…”

“…However, when there is non-compliance with 7/11 the provided measures, the judiciary service may order the preventive arrest and institute criminal proceedings, turning the situation into one of criminal nature so that the victim is protected in accordance with Article 313 of the Code of Criminal Procedure. 22 Importantly, non-compliance with the protective measure does not constitute a crime of disobedience because this only occurs when there is no legal provision of a specific sanction and, in this case, the Maria da Penha Law already provides extrapenal measures for this occurrence, namely: preventive detention. 24 For the effectiveness of the protective measures to be achieved, it is necessary that protection and care programs for women are in regular operation.…”