THE VICTIM'S CONSENT AS A SUPRALEGAL CAUSE OF EXCLUDING ILLEGALITY IN THE CRIME OF ART 24-A OF THE MARIA DA PENHA LAW (LAW NO. 11,340/2006)

Abstract

This study analyzes the victim's consent as a supralegal justification for excluding unlawfulness in the crime defined under Article 24-A of the Maria da Penha Law. It aims to understand the validity of the victim's consent in dismissing the offense of violating protective measures, considering the legally protected interest and the victim's autonomy, while also examining the legal foundations and social impacts of this perspective on the law's application. For this purpose, a deductive method based on bibliographic research was used. In conclusion, it is found that the victim's consent, when properly provided and free from any form of coercion, can be a determining factor for recognizing this justifying cause.