NDLI: A constitucionalidade da lei maria da penha – vedação da incidência da Lei Nº 9.099/95, interpretação dos delitos como infrações de pequeno potencial ofensivo

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A constitucionalidade da lei maria da penha – vedação da incidência da Lei Nº 9.099/95, interpretação dos delitos como infrações de pequeno potencial ofensivo

Content Provider	Semantic Scholar
Author	Lima, Rafael Antônio De Souza
Copyright Year	2015
Abstract	In the present research, we analyzed the Habeas Corpus no 106.212-MS, judged by the Federal Supreme Court (STF), which was subsequently assigned erga omnes effect for ADC 19, which aimed to establish, in Brazil, a uniform judicial interpretation of the devices contained in Law No. 11,340 / 2006 (Maria da Penha Law). Is analyzed case law, legislation, conventions, conferences, investigative commissions, studies that evaluate disparities and gender inequality. Is used the qualitative methodology, for being the study of social phenomena, bibliographic study (books, doctoral dissertations and master thesis, scientific articles, reports and Convention on Human Rights, newspapers, material available on the internet and documental) and material collected by observation technique of the author of the research, which works on the 1st Claims Court Family and Domestic Violence Against Women, Court of Justice of the Federal District and Territories (TJDFT) located in the Federal District. Brighten its positive points of the case law, namely, recognizes the constitutionality of Law, and negative, especially as to the inapplicability Law No. 9.099/95 and the benefits foreseen in this, absoluteness of public prosecution in the case of crimes of bodily injury and the mitigation ability of the victim's recantation; as well as in the legal context, makes the analysis of the constitutionality control model that could, in theory, achieve better results in law enforcement to the factual context. There is an expectation of the author of this research, see the empowerment of women as a result of minimal state intervention policy and giving you a new perspective of life, validating the fundamental rights of women and the family.
File Format	PDF HTM / HTML
Alternate Webpage(s)	http://www.repositorio.uniceub.br/bitstream/235/7004/1/20661617.pdf
Language	English
Access Restriction	Open
Content Type	Text
Resource Type	Article

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