APLICAÇÃO DE MEDIDAS PROTETIVAS DE URGÊNCIA NA LEI MARIA DA PENHA: EFICÁCIA E DESAFIOS PROCESSUAIS

Abstract

The Maria da Penha Law, No. 11,340/2006, is a significant milestone in the fight against domestic and family violence in Brazil, but it may face procedural challenges that compromise its effectiveness as a specific law. Seeking to understand this, the objective is to analyze the effectiveness of urgent protective measures in the Maria da Penha Law. The specific objectives include identifying the procedural challenges that compromise its application; analyzing the challenges faced by legal practitioners in the application of urgent protective measures; and proposing recommendations for improving the application of urgent protective measures, aiming to increase the effectiveness of the Maria da Penha Law in protecting women. The methodology used was a systematic bibliographic review of articles in Portuguese, in the Google Scholar database, published between 2020 and 2024, using as search words "urgent protective measures"; "Maria da Penha Law"; "effectiveness" and "challenges". After selecting the first fifty articles, the abstracts were read, and those that responded to the research problem were catalogued and selected. Through a review of the available literature, we sought to understand previous theories, studies and discussions on the effectiveness and challenges of applying emergency protective measures. It can be said that the procedural challenges faced include: lack of a clear definition of the legal nature of emergency protective measures; delay in granting them; non-compliance; lack of integration between agencies and lack of training for professionals. The proposals for improvement are based on the need to establish Domestic and Family Violence Courts in all districts; implementation of public policies by states and municipalities aimed at comprehensive assistance to victims; training of security, justice, health and social assistance professionals to effectively detect gender violence; robust legislation to curb serious gender-based crimes, such as Law No. 14,994 of October 9, 2024, and public policies that promote education and awareness in society about gender equality and forms of gender-based violence. To overcome these challenges and increase the effectiveness of the law in protecting women's fundamental rights, it is healthy that domestic and family violence, which is a consequence of gender-based violence, be combated in all its forms and even in its most simple representations. This requires changing the foundations of society and its social structures, which have very deep roots and have normalized male superiority over the centuries. It is clear that despite the challenges faced, the Maria da Penha Law is extremely important for the Brazilian legal system, as it set a precedent for gender-based violence committed against women to be recognized and punishable, in addition to allowing broader public and social policies to be created that would address the punishment for gender-based violence in a more integrated manner, allowing women to face one of the worst evils perpetrated by humanity over the centuries in a less unequal manner.