THE MARIA DA PENHA AND THE (IN) EFFICIENCY OF PROTECTIVE MEASURES

Abstract

The 1988 Federal Constitution innovated in the treatment of women when it leveled men and women in rights and duties, curbing discriminatory treatment and preventing protection of the women's labor market. Indirectly, it established a path towards state protection for the family, where it created mechanisms to curb violence within their relationships. Thus, the present work refers to the Maria da Penha Law No. 11.340/2006 and its ineffectiveness regarding protective measures, considering that domestic violence is a social problem and has been increasing increasingly due to interference factors that contribute to the failure of the system to guarantee protection to women who are victims of violence, through the existence of a protective measure against their ex-partner. Therefore, the objective is to analyze the factors that contribute to the increase in violence against women, even with the enactment of a protective measure. The method used in the research was bibliographic through research in scientific articles, theses, monographs, legislation and jurisprudence, with a deductive approach method that allowed information to be sought about the problem, obtaining the expected results when the inefficiency of the Law in the face of factors that directly influence its failure.