THE CHANGES IN LAW N. 11.340/2006 (MARIA DA PENHA LAW) PROMOTED BY LAW N. 14.550/2023 WITH RESPECT TO THE CONDITIONS FOR THE GRANT OF EMERGENCY PROTECTIVE MEASURES AND THEIR POSSIBLE LEGAL IMPLICATIONS

Abstract

The research seeks to analyze the changes in Law no. 11,340/2006 (Maria da Penha Law) generated by Law no. 14,550/2023, regarding the requirements and conditions for granting urgent protective measures, guided by the doubt whether the aforementioned Law no. 14,550/2023 expands the protection of women victims of domestic and family violence or creates a legislative opening for the granting of urgent protective measures in an unfounded manner? In view of this, the article in question aims to verify and respond to the problems generated by the recent Law of 2023. To this end, it will use the deductive research method, through exploratory, bibliographic and documentary research on Brazilian legislation, as well as the doctrine, jurisprudence and articles related to the Maria da Penha Law, especially regarding urgent protective measures. To conclude that Law no. 14,550/2023 has the purest intention of unblocking the Judiciary and offering greater protection for women victims of domestic and family violence, however, the legislator was unsuccessful in enacting the letter of the law, allowing generic concepts and deviations from the application of the Maria Law itself from Penha.