O processo da vida e o processo jurídico : especificidades na aplicação da Lei Maria da Penha

Abstract

This work had as a starting point the performance of the student in the Court of Domestic and Family Violence Against Women, in the position of Judicial Analyst. From this place, with a careful look at the specifics of the cases, it was realized the need for a mechanism that would equalize the procedural time, the life time of the people and the provisions contained in Law 11.340/2006, the Maria da Penha Law, with a view to greater effectiveness of the judicial response. So, the work had as specific objectives: to examine the bibliography concerning the application of the Maria da Penha Law; identify difficulties/specificities related to the theme; analyze possibilities brought up in judicial practice and investigate possible solution. The dialectical method was used, able to dialoguing contrasts, and the literature review, in a qualitative approach. From all of the above, it was possible to propose what was called a “legal mechanism” capable of allowing a lapse of time for certain measures provided for in the law. This mechanism, previously used without a legal provision but with jurisprudential provision, turns out to be the “suspension” of the process, which cannot, in this case, be decriminalizing or identified with the institute of sursis