“Mais que um papel”: a Lei Maria da Penha e o direito penal simbólico - a ineficácia do direito penal como forma de proteção às vítimas de violência doméstica e familiar e as medidas protetivas de urgência como medida não penal de proteção

Abstract

The present work aims to analyze the inadequacy of Criminal Law in protecting women victims of domestic and familial violence, highlighting its symbolic nature in relation to the Maria da Penha Law and demonstrating the importance of alternative solutions beyond Criminal Law, specifically Emergency Protective Measures in this case. To achieve this, the hypothetical-deductive method was employed, with a bibliographical review of articles, books, data collected from studies conducted by institutions, and national legislation. The research conducted shows that criminal law is ineffective when it comes to the protection and redress of women victims of violence. Opting for means other than criminal repression tends to have greater effects, as seen in the case of Emergency Protective Measures provided for by the Maria da Penha Law, which have a sui generis civil nature, a precautionary character, and do not require a criminal process for their implementation