A descriminação positiva na lei nº 11.340/06 (lei Maria da Penha) e a sua adequação ao princípio constitucional da isonomia

Abstract

Boarding the issue of domestic violence against women and the treatment given by Law nº. 11.340/06 - Maria da Penha Act - especially the compliance of the law with the legal concept of equality, principle inscribed in the Article 5, first item, of the 1998 Federal Constitution. Brings the history of gender relations in Western society, marked by intense patriarchal ideology, and the means in which the culture of women’s submission continues to be propagated. Investigates the violence against women, focusing on the most frequent way that it occurs: domestic violence; its causes, characteristics and effects. Examines the flaws in the Brazilian legislation before the publication of Maria da Penha Act and points out its main innovations. Makes a brief report about the evolution of the concept of equality in Western history, and presents the meanings that currently exist in contemporary law: formal and material. Assesses the adequacy of preferential treatment made by Maria da Penha Act as it examines the characteristics of material equality. Talks about affirmative actions as policies fully embraced by the constitutional values.