A judicialização da lei Maria da Penha como instrumento de diminuição da violência contra a mulher

Abstract

Violence against women is a direct reflection of patriarchal ideology, whose demarcation of roles, as well as power relations between men and women, is explicit. As a byproduct of patriarchalism, the culture of machismo idealizes women as an object of desire and property of man, a fact that ends up legitimizing the most diverse types of violence. Even today, there is the attribution of guilt over the act to the victim and the gender symbolism within the Criminal Justice System. In this context, Law No. 11.340 / 06 created mechanisms to curb and prevent domestic and family violence against women who felt hostage to their own gender. Although legal and assistance instruments have been created to support the reduction of this violence, there is considerable social frustration regarding the effectiveness of the Maria da Penha Law, given that there are many reports of women, for example, victims of physical violence practiced by their husbands or former comrades. It is therefore imperative that society and public authorities come together to make the judicialization of the law an even stronger means of coping with and combating violence against women, so that victims feel protected by Brazilian law and encouraged to break the cycle of violence in which they are inserted. With social development and the guarantee of basic rights of equality and freedom, it is possible to overcome the culture of machismo and the framework of sexual, psychological and moral violations, although such progress requires important efforts on the part of the Brazilian State. As for the methodological aspect, the research is bibliographical, jurisprudential, legislative and is based on statistical data, through a qualitative analysis. Of course, the journey of the feminine universe in search of such guarantees is arduous, gradual and revolutionary. Although there is still much to be done, the victories that have been achieved with great persistence are still relevant.