O processo de aplicabilidade da Lei 11.340/2006 (Maria da Penha), em face da violência doméstica e familiar contra a mulher negra em Santa Maria/RS

Abstract

This dissertation, defended at the Graduate Program in Professional Master's Degree in Public Policies at the Federal University of Pampa - Unipampa, has the following guiding question: from the IPS, it is asked how the law's urgent protective measures maria da penha (law nº 11.340/2006) – nature, types and forms of inspection and guarantee are being applied in cases of domestic and family violence? Are these agencies (DEAM and MP) able to insert the perspective (lens) of black women in public policies directly and also transversally? The general objective is to find out to what extent the process of applicability of law 11.340/2006 (Maria da Penha), in the face of domestic and family violence against black women in Sta. Maria/RS, in order to instigate debates and subsidize future public policies and social programs aimed at racial equality. The specific objectives are: to show how the emergency protective measures of the Maria da Penha Law (Law nº 11.340/2006) are being applied in cases of domestic and family violence against black, black and brown women, observing the weaknesses and potentialities of the possible impact of granting or rejecting the measures (IPs) - Police Inquiry sent to the Public Prosecutor's Office. to characterize domestic and family violence against black women, based on police reports (B.O.s) of the Delegacia de Assistência à Mulher de Santa Maria/RS, analyzing the motivations for violence and types of violence (from 2012 to 2017); Investigate the main legislative instruments, for the protection of women, in the national harvest, especially in the municipality of Santa Maria -RS. against domestic and family violence, stipulating a comparison with instruments aimed at women from a gender perspective in the Brazilian public agenda. The method used is inductive, starting from the observation of the application of the law on “DOMESTIC VIOLENCE AND CRIMES OF FEMINICIDE” and analyzing the general impact on the set of public policies. The research techniques are bibliographic research and document analysis. Statistical data referring to domestic violence data were collected, in order to verify the effectiveness of public policies for black women. According to data provided by the Secretary of Security of the State of Rio Grande do Sul-RS, from 2012 to 2017. The hypothesis of this research was confirmed. The number of crimes of domestic violence and crimes of femicide actually increased during the period of the pandemic that occurred in 2021 and 2022, although it never ceased to exist due to the data and research that are masked by the chaotic period of an authoritarian government that belonged to the former - President Jair Messias Bolsonaro from 2019 to 2022. Where data was disguised and super devalued during this period. according to the survey, from August to 2015, they concluded their statistical studies in the Universal modality. The numbers were significantly increasing in the statistical data of crimes of domestic violence and crimes of femicide in the municipality of Santa Maria - RS.