Lei 11.340/06: a natureza da acão penal nos crimes de lesão corporal leve mediante violência doméstica e familiar contra a mulher

Abstract

The present work seeks to analyze the understanding adopted by the Federal Supreme Court regarding the nature of the criminal action for cases of mild bodily injury resulting from domestic and family violence against women. To this end, it lists some of the changes brought by the Maria da Penha Law to the field of Criminal Law and Criminal Procedure in Brazil, such as the protective measures and, in particular, the inapplicability of the Law of Special Courts for the crimes of said law. It focuses on addressing the possible consequences of changing from public prosecution conditional on representation to unconditional, highlighting the victimization processes suffered by the woman who appears in a lawsuit against her will. Based on a critique of the understanding of the Federal Superior Court, it seeks to demonstrate that freedom of choice is a fundamental right that goes hand in hand with the dignity of the human person, both of which must be respected. Finally, it provides the defended position that criminal action for cases of light bodily injury resulting from domestic and family violence against women should be publicly conditioned to representation, for although the State must guarantee safety and well-being, women must have the right to decide about his own life.