Fundamentos histórico-normativos da lei Maria da Penha

Abstract

This research analyzes the historical and normative foundations of law number 11.340/06 – Maria da Penha Act -, essentials to the understanding of the needs of specific treatment to the crimes of domestic and familiar violence against women. Therefore, an historical analysis of women’s situation is made, culminating with the recognition that even today the differences between genders continue, and that the domestic and familiar violence against women is inserted in this context, or that the subaltern position occupied by women on the society reflects also on the domestic/familiar ambit. A study about domestic and familiar violence is made working with its concept and its particularities and analyzing the myths involved in this type of violence. Entering the juridical field, a systematic study is made about the international treaties and conventions (universal and regional systems) and about the constitutional devices for protection and guardianship of the fundamental rights of women, focusing on the human dignity principle and the equality principle founds on the Federal Constitution. Considerations about the inadequate treatment given to these crimes by the Special Criminal Courts are made increasing the argumentation of the specific treatment need to these types of crimes.