ECA ou Lei Maria da Penha: duplicidade de normas a serem aplicadas quando a agressão é cometida por adolescente no âmbito doméstico - uma discussão à luz dos entendimentos principiológicos

Abstract

Violence is a phenomenon that coexists within Brazilian society, which ultimately reflects within family relationships. In this sense, we seek to analyze the domestic violence practiced by adolescents with their relatives, caregivers and cohabitants. The article presents a sociological aspect of violence in the current context and is inserted in current legislation, criminal law and domestic violence (Lei Maria da Penha - Law nº 11.340 / 06). The question does not seem simple to solve, in that it is confronted with the Statute of the Child and the Adolescent-ECA. In an apparent legislative incompatibility, we try to identify which normative species to apply when the domestic violence agent is an adolescent who has constitutional support for the principle of integral protection.