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