As medidas protetivas de urgência da lei Maria da Penha (lei nº 11.340/2006) e sua relação com a pandemia pela Covid-19

Abstract

The present work analyzes the domestic and family violence against women, going through the most relevant historical considerations until today. It aims to study the Urgent Protective Measures protected by the Law 11.340 of 2006, popularly known as the Maria da Penha Law, and analyze whether the almost 15 years of existence of this institute were sufficient for the efficiency of these measures to have reached the desired level, also with a an approach focused on the pandemic period caused by the COVID-19, which brought new challenges and made the old ones even more complicated. The study addresses the historical aspects of gender inequality in Brazil, contextualizing the situation of women and their position in society, in addition to discussing the historical and legislative developments regarding the guarantees won, until the greatest one was reached: the Law 11.340/2006, which brought about several changes that protect women in Brazilian law. In this context, one of the most relevant aspects brought by such a legal device is studied: the Urgent Protective Measures, which are those that force the aggressor or those that force the victims. It is also studied the situation of these protective measures and the violence against women as a whole in times of pandemic caused by the COVID-19, bringing data and exposing the reality of the facts in this period. The method used consists of national bibliographic research, mostly, but also foreign bibliography. Finally, in view of the study, it is concluded that the urgent protective measures are not reaching the full efficiency they intended and should achieve, especially during the period of the referred sanitary crisis, in which the new sanitary and social conditions potentiate the phenomenon of violence against women.