O diálogo entre bioética e direito na manutenção das medidas protetivas: uma análise do dissenso institucional e a solução principiológica do tema repetitivo 1.249

Abstract

This research aims to demonstrate how the institutional hermeneutic disagreement between the Public Prosecutor's Office for the Defense of Women of Vitória/ES and the 1st Specialized Court for Domestic and Family Violence against Women of Vitória/ES regarding the duration of Urgent Protective Measures (MPUs) was resolved by the Superior Court of Justice (STJ). The research, bibliographic and documentary in nature, treats the issue as a 'hard case' in light of Ronald Dworkin's theory, examining the collision between the prosecutorial perspective, guided by Intervention Bioethics and risk-based protection, and the judicial practice, bound by a logic of temporality that generated institutional violence. As a result, it is found that the decision in Repetitive Theme 1.249 consolidated a principle-based solution, establishing that the duration of the measures is linked to the persistence of the risk situation, and not to a predetermined timeframe. It is concluded that the STJ, by inverting the burden of proof regarding the cessation of danger, not only settled the controversy but also reaffirmed the protective paradigm of Law No. 11.340/06, eradicating a practice of institutional violence and ensuring greater effectiveness for the human rights of women.