O CRIME TIPIFICADO NO ARTIGO 24-A DA LEI 11.340/06 E SEU POSSÍVEL JULGAMENTO NO JUIZADO ESPECIAL CRIMINAL

Abstract

The purpose of this paper is to respond to the following question: The crime of noncompliance with a judicial decision granting urgent protective measures, provided for in article 24-A of Law 11.340 / 06, which is included in Law 13.641 / 18, is a crime of less offensive potential, and can be tried in the Special Criminal Court? The article makes an analogy with the crimes of competence of the Specialized Rod on Domestic and Family Violence against Women and Law 9.099 / 95, which defines the concept of offense of lesser offensive potential. Using legislation and bibliographies on the subject, it is verified that the discussion that guides is the fact that the penal article is based on infractions of lesser offensive potential, but it is a crime of domestic violence and must be prosecuted and judged in the Courts of Domestic and Family Violence