A (in)validade da renúncia das vítimas de violência doméstica às medidas protetivas de urgência e sua prática no município de Santana do Livramento durante o ano de 2019: crítica à luz do princípio da proibição de proteção deficiente (untermässverbot)

Abstract

The starting point of this work is the motivation for the creation of Law 11.340 / 2006, with the intuition to create mechanisms to restrain and prevent any and all forms of domestic and family violence against women. This law, created to reveal a reality that nobody wanted to see: the common practice of domestic crimes against women. Having several changes in our legislation, all seeking greater effectiveness for the forms of domestic violence. These mechanisms are created with a pedagogical character, with the intention of punishing the aggressor, to discourage their common practice. The protective rules provided for by the so-called Maria da Penha Law, came to offer an important source of measures, which suffers in silence in the face of fear of seeking support from the responsible public bodies. Along the way, victims give up, renounce their right and support women in their own family environment. In this way, this work seeks to expose the principle of proportionality in its face of the deficient prohibition (Untermässverbot). Based on these assumptions, the possible reflexes of the same will be analyzed for the protection of victims of domestic violence in the municipality of Santana do Livramento during the year 2019, especially in view of the waivers in the crimes of public criminal action conditioned to representation. Thus, this conclusion work understands the need to observe the constitutionality of these waivers against this principle. This analysis comprises detailed analyzes of the crimes of the Maria da Penha Law, as well as the measures that are used to protect victims of violence. Finally, the paths adopted in this work seek to reach a conclusion on the possibility of protecting victims of violence in the most effective way possible.