THE ABYSS BETWEEN ORDER AND EXECUTION: THE CHALLENGE OF MONITORING EMERGENCY PROTECTIVE MEASURES UNDER THE MARIA DA PENHA LAW IN RONDÔNIA
DOI:
https://doi.org/10.51891/rease.v12i11.31924Keywords:
Maria da Penha Law, Emergency protective measures, Inspection, Domestic violence, State of RondôniaAbstract
The Maria da Penha Law (Law No. 11,340/2006) was consolidated as a normative framework in the Brazilian legal system by instituting mechanisms for prevention, assistance and accountability in cases of domestic and family gender violence. Among its main innovations, the following stand out: emergency protective measures, judicial decisions aimed at immediately safeguarding the physical, psychological and patrimonial integrity of victims. However, there is a relevant distance between the formal act of granting these guarantees and their effective capacity for real protection in the daily lives of women in vulnerable situations. In view of this, the present work problematizes: what are the main institutional, operational and structural challenges faced by public security agencies and the Judiciary in monitoring compliance with emergency protective measures in the state of Rondônia? The general objective of this research is to analyze the obstacles that compromise the inspection and practical effectiveness of emergency protective measures in the context of Rondônia, correlating the volume of concessions with the State's monitoring capacity. As specific objectives, it is sought: a) to examine the legal nature and normative contours of the emergency protective measures provided for in the Maria da Penha Law; b) to identify the institutional and technological inspection mechanisms used in the state of Rondônia; c) to map the structural, budgetary and personnel limitations that hinder surveillance and compliance with court orders. and d) to propose guidelines for strengthening the monitoring and effective protection of victims. The methodology used is qualitative and descriptive, using the deductive method through bibliographic and documentary research, based on legal norms, specialized doctrine and official statistical data of the state public security system.
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Atribuição CC BY