Uma análise da lei Maria da Penha à luz dos tratados internacionais de direitos humanos

Abstract

The humans’ right international treaty are important instruments to promote the effectiveness of the human person’s right. It is claimed, with this theme study, to demonstrate the power of the legal force of the humans’ right international treaty, and analyze the reflex of these mechanisms that concerns the women’s human rights in Brazilian’s State, specially concerning the promulgation of Law nº 11.340, from august seventh 2006, known as Maria da Penha’s Law, important tool in the fight to eradicate the domestic and familiar violence against woman. Therefore, it was made an evaluation of the effects of the international treaties, mainly those that deal with women rights. Today, the importance of these instruments to the protection, promotion and efficacy of human rights shows indisputable, to have in view the nature of these dispositions, once that it concretizes the principle of the dignity of the human person, basilar postulate of the national legal system. By its nature, the international treaties of human rights have special status, when transported to the internal legal ordainment, especially after the Constitutional Emend nº 45/2004, which came to consolidate the understanding of the originating legislator of 1988. Key-words:Legal treatment. Domestic Violence.