THE APPLICABILITY OF LAW 11.340/06 IN CASES WHERE THE AGGRESSOR IS A ADOLESCENT

Abstract

This mess comes from the analysis of Law 11,340/2006, also known as “Maria da Penha Law”, as well as Law 8,069/1990, the Child and Adolescent Statute. The primary objective was to analyze which of the aforementioned laws can/should be applied in the specific case of domestic and/or family violence against women perpetrated by a teenager. In this way, we sought to understand the application of each specific law, the appropriate and correct procedure when committing said violence. The work found that the Maria da Penha Law and the ECA coexist at different times and in different aspects in each legislation. It was found that to the detriment of adolescents, when in conflict with the law due to the practice of domestic-family violence against women, it may be applicable, in most cases. Furthermore, the study of the history of domestic and family violence against women was addressed, comparing the period before and after Law 11,340/06, as well as its subsidiary application or not to the ECA, in order to discover whether to use It is the specific and most recent law to the problem, or the one that deals exclusively with the rights, duties and guarantees of adolescents.