As medidas protetivas de urgência no contexto social da violência de gênero no Brasil

Abstract

Given the alarming statistics on domestic violence against women in Brazil, country that has one of the biggest femicide rates in the world, it is necessary to prioritize criminal policy strategics that are able to interrupt the cycles of violence and prevent more serious occurrences. Hence, this research intends to evaluate the application of the restrictive orders, considered by many as the best instrument from Law 11.340/2006 to intervene in situations of violence, for its theoretical capacity to fastly create distance between the aggressor man and the offended woman by an rapid and less bureaucratic judicial procedure. Therefore, an analysis of the gender violence phenomenon is carried out, its determinations, how it develops in domestic environment, in affective relationships, and the contexts of greater vulnerability. Following, the dissertation presents a literature review of studies about the application of the restrictive orders and the performance of public agencies involved and its procedures in all regions of the country. Finally, based on the specificities of gender violence phenomenon and in the overview on the public services and agencies related to women care, it takes place an adequacy analysis of the restrictive orders legal instrument to face the problem, pointing out its positives aspects as well as its major limitations. As a conclusion, the research presents suggestions of solutions to the mentioned problems and debates the solutions usually proposed in other gender violence researches.