ANÁLISE DA LEI MARIA DA PENHA E A NOVIDADE TRAZIDA PELA LEI N° 13.827/2019

Abstract

This research engages in a thorough analysis regarding the granting of protective measures by police authority within the context of the Maria da Penha Law, illustrating the legislative and judicial practice evolution in Brazil concerning domestic violence combat. The monograph highlights the historical and judicial trajectory of the Maria da Penha Law, its transformations, and current challenges. The police intervention in protective measures is explored, revealing dilemmas centered on the duality between the urgency of victim protection and the assurance of a fair and impartial process. The literature, jurisprudences, and legal devices analyzed signal a path yet to be traversed for a balance that encompasses both the immediacy in victim protection and adherence to a rigorous legal and ethical framework. The role of police authorities emerged as a significant area of interest, where speed and efficacy are vital; however, the capability and preparation of the same are questioned in face of the complexities and cultural, social, and gender nuances intrinsic to these cases.