A LEI MARIA DA PENHA E A DECRETAÇÃO DA PRISÃO PREVENTIVA DE OFÍCIO DURANTE O INQUÉRITO POLICIAL

Abstract

The present paper aims to answer the following question: In the case of violence against women is it possible to issue pre-trial detention during the Police Inquiry? The article brings an existing conflict between the Code of Criminal Procedure and Special Law 11.340 / 06, where the General Law means that it will only be possible to issue pre-trial detention during the procedural phase, and the Special Law ensures that it will be the arrest Preventive during any phase. By using legislation and jurisprudence on the subject, there is the existing conflict and the misuse of Special Law 11.340 / 06, which, if used as it should, would prevent the number of violence and murder of women from growing as it has grown absurdly in last years.