Processamento das medidas protetivas de urgência : impactos na efetividade da proteção da dignidade da mulher em situação de violência doméstica

Abstract

This research aims to analyse the different concepts given by the doctrine and judicial decisions in Brazil to the legal nature of the urgent protective measures implemented by the Maria da Penha Law. This paper intends to identify which understanding seems to prevail to ensure the principles and guidelines stablished by that Law. Also, as the definition of the legal nature of the urgent protective measures has broad practical consequences, this research has the goal to analyse which classification is the most effective on the complete protection of women in violent situations legally. This paper is based on the initial fact that the Maria da Penha Law, sanctioned in a yet sexist and misogynist society and as a result of international pressure and treaties, ensures constitutional rights. Nonetheless, there are still obstacles in achieving its main goal, which is to restrain domestic and family violence against women. Therefore, the analyses of the autonomous or accessory features related, respectively, to the civil or criminal legal natures of the urgent protective measures enables the comprehension that they must be implemented to protect and promote women’s right to live in dignity and not only as instruments to the criminal persecution in the Brazilian judicial system.