INCREASE IN VIOLENCE AGAINST WOMEN AND THE ROLE OF CRIMINAL LAW IN PREVENTING AND REPRESSING GENDER-BASED CRIMES

Abstract

This scientific article aims to discuss and detail Law No. 11,340 of 2006 (Maria da Penha Law) in relation to the significant increase in violence against women in Brazil and how the role of criminal law can act preventively to prevent such violence against women, based on the United Nations Conference on Human Rights (Vienna, 1993) in which it was recognized that such violence is a form of violation of human rights, as well as to present quantitative data on women who were murdered. The general objective of this article is to analyze the effectiveness of the aforementioned measure, as well as to adequately scrutinize whether the implementation of article 22 of the Maria da Penha Law (Law No. 11,340/2006) is being effective before society. The specific objectives are to enable the request for the benefit; to evaluate the measures to prevent abuse without resorting to the criminal sphere; to analyze the applicability of the law as a regressive form of abuse situations. Based on the studies, it is concluded that despite the application of the protective measure and the removal of the perpetrator from the home, there is no obstacle to preventing him from attacking the victim or murdering her, turning the advances into setbacks, without the due effective contribution of the State.