Uma Reflexão a respeito da Lei Maria da Penha sob a luz do Direito Penal Simbólico

Abstract

The present work aims to study the relation of Criminal Symbolism with the Maria da Penha Law, analyzing the effectiveness of its punitive, care, preventive and protective aspects. To do so, it addresses domestic and family violence as a socio-cultural phenomenon that stems from unequal gender relations in our society, and therefore requires a multidisciplinary approach and specialized public policies. The Law 11.340/06 presents several instruments aimed at the broad protection of women and the confrontation with violence, but in a context of popular and media pressure, its repressive strand is emphasized to the detriment of other measures. In this way, it is tried to expose the concept and the theoretical and practical characterization of the symbolic action of the Criminal Law on the crimes practiced against the women in the gender ambit, questioning its legitimacy.