THE PROVISION OF ARTICLE Nº 20 OF THE MARIA DA PENHA LAW IN FRONT OF THE ACCUSATORY SYSTEM

Abstract

This work aims to analyze the provision of Article 20 of the Maria da Penha Law in relation to the Accusation System, considering the nature of the legislation and the principles of the criminal procedure system. The Maria da Penha Law, nº 11.340/06, is a Brazilian legislation aimed at the prevention, punishment and eradication of domestic and family violence against women. Article 20 of that law provides for the possibility for the judge to determine, ex officio, the preventive detention of the aggressor, at any stage of the investigation or criminal instruction. On the other hand, the Accusation System is a procedural model that underlies the criminal justice system, it is based on the separation of the functions of accusing, defending and judging, seeking to guarantee impartiality, equity and respect for the fundamental rights of those involved in the process. . Thus, the analysis carried out identified some challenges between the prediction of Article 20 of the Maria da Penha Law and the Accusation System. Thus, one of the main points of conflict is the legal uncertainty caused by the contradiction between what is provided in the Maria da Penha Law and the new provision of the Anti-Crime Package that prohibits the magistrate from acting ex officio. Considering the issues raised, the study presents reflections and proposals to adapt Article 20 of the Maria da Penha Law to the Prosecution System, seeking to find a balance between the protection of victims of domestic violence and the fundamental principles and guarantees of criminal procedure. Finally, it is hoped that this work will contribute to the understanding of the challenges faced in the application of Article 20 of the Maria da Penha Law in the light of the Accusation System, promoting debates and possible improvements in the protection of women in situations of domestic violence, without compromising the essential principles of criminal procedure.