IMPACTO DA INEFICÁCIA DAS MEDIDAS DE PROTEÇÃO A MULHER NOS CRIMES DE HOMICÍDIO PRATICADOS COM A QUALIFICADORA DO FEMINICÍDIO

Abstract

This study aims to analyze the impact of the ineffectiveness of measures to protect women in the crimes of homicide committed with the qualifier of femicide, which is provided for in Law No. 13.104 of March 9, 2015, is a type of qualified homicide, incorporated in the art. 121, §2 of the Penal Code, the focus of this work is to understand the ineffectiveness of urgent protective measures in the Maria da Penha Law (11,340/2006), which was created precisely to curb domestic and family violence against women, among other situations of violence and discrimination. It is observed that even with the legal provisions, violence against women is recurrent, with various forms of aggression mainly physical and psychological, during the study will be analyzed the ADI No. 4.424 and SUMMARY 542 of the STJ where it considered a new interpretation of arts. 12, item I and 16 of Law 11.340/2006, I understand by majority vote that the Public Prosecutor's Office can initiate criminal proceedings without the need for the victim to represent what happened, in crimes of bodily harm, this study proposes an assessment of how it is the protection of women is carried out with the protective measures that are already provided for in the Maria da Penha Law. Likewise, observe whether the protection measures are in their full applicability to ensure protection to the victim, since the applicability came precisely to ensure the integrity of the person being offended, in order to reduce violence, the Law 13.104/15 which deals with femicide, including the qualification of the crime of homicide and included in the list of heinous crimes, even with the creation of this Law, cases of violence against women and femicide are still serious, considering the systematics of the Legislation. The forms of domestic violence against women will be addressed, although the Maria da Penha Law does not include a comprehensive list of domestic violence, the types of violence mentioned serve as a reference for the types of violence that can be practiced against women, which are: physical, moral, psychological, sexual, patrimonial. It is concluded from the research carried out that the ineffectiveness of protective measures may be the absence of more effective public policies, policies aimed at the aggressors with the objective of recovering the individual, policies aimed at society, with the objective of deconstructing customs that are predetermined in society directed at women, and especially public policies for women who are the main offenders.