A ação penal nos crimes de lesão corporal leve qualificado pela violência doméstica e a lei Maria da Penha

Abstract

This paper aims to develop one analysis about penal process in crimes of light body injuries, caused by domestic violence. It was emphasised after Maria da Penha Law. First it was discussed the historical context of this new Law according to its support in the constitution and it was shown the concept of domestic and familiar violence against the woman and also the new ideas in this new document. Later on, in order to understand the subject better, it was discussed about the light body injury crimes and its qualifications as domestic violence. At last we wrote about the problematic penal process in crimes of art. 129, § 9º, Penal Code, in defence of art. 41, Maria da Penha Law. We didn't want to avoid the use of the whole Law 9.099/95, from which demands for representation light body injury. The legislator would only aimed to prevent that such institutes around this despenalizadores were applied in the case of gender violence.