EFICÁCIA DA LEI MARIA DA PENHA NOS CASOS DE HOMICÍDIO PACIONAL: entre o amor, o ódio e os sentimentos de posse

Abstract

The recorded hipsterism’s of violence against women have roots that have been dragging on over the decades and, to this day, it is a reality in our society. The practices of domestic and family violence against women, and even feminicide, are widely discussed and there are jurisprudence and movements that seek to eradicate these acts and all forms of violence. The peak of the defense of women was reached with the promulgation of the Maria da Penha Law (Law nº. 11.340/06) and its consequences among the jurisprudential elements of the existing doctrines. This article aims to discuss the effectiveness of the Maria da Penha Law considering contexts of passionate homicides, crimes that derive from feelings of possession motivated by feelings of love, passion, hatred and jealousy. In crimes of passion, there is a violation of the rights of others, violently and abruptly, always in connection with unhealthy feelings. In order to set up the crime of passion, action is required to kill someone, that is, that there is a homicide. To this end, a qualitative review study was carried out, where legal positions were analyzed in law websites, articles and academic papers that deal with the subject. It was concluded that nothing justifies the abuse, beating, rape and death of women. These crimes are the harshest face of hatred, of disrespect among human beings. Also, there is a need for adaptations to all current jurisprudence, so that it fits today's society, and also so that civil and criminal doctrines can be foursome without leaving gaps or margins for multiple interpretations, which can lead to the non-punishment of the aggressor.