Violência doméstica e familiar contra a mulher: da aplicabilidade das medidas protetivas de urgência contra o agressor adolescente no âmbito dos juizados da infância e da juventude de acordo com a lei n°11.340/2006

Abstract

The Law nº. 11340, published on 07 August 2006, caused great national impact, as emerged as a response to the long and arduous struggle of the feminist movement against domestic and family violence against women. Upon its publication, there has been a growing interest in talk about the main institutions of law, for example, of the emergency protective measures, which aim to stop, so immediate, the offender and protect the victim and his offspring, ensuring them personal safety and property. It is to recognize the innovative character of that Act, however, considering its effectiveness in specific cases, could not fail to raise the following question: Since the author of such violence is in many cases, a child or adolescent of the own home or family context of women, the protective measures (restrictive of rights) as provided for in art. 22, could also be applied to the (a) adolescent offender (a)? From this question we have to confront us in this study, the Law nº. 11340/2006 with the Statute of the Child and Adolescent (Law nº. 8069/1990). Our research focus is to demonstrate the need for systematic and teleological interpretation of both laws, so that one is applied in line with the other. For this, we analyzed the species of emergency protective measures (art.22, Law nº. 11340/2006) and its applicability to the adolescent offender facing circumstances, without compromising the values and rights under statutory code. Thus, through our analysis, contemplate the possibility of using the devices of Law nº 11340/2006 in the Court of Childhood and Youth, in order that the Law n º 11340/2006 and nº 8069/1990 complement each other in various situations in mechanisms that these two laws are applicable.