A aplicabilidade da Lei Maria da Penha : uma análise da sua efetividade considerando os meios de prova admitidos.

Abstract

Considering that the Maria da Penha Law aims to prevent, eradicate domestic and family violence against women, guaranteeing their physical, psychological, sexual, moral and patrimonial integrity. To this end, the Law introduces mechanisms for the legal protection of women, changes in the judicial procedure in cases of domestic violence against women, and changes in the structure of the judicial police in order to improve the coping of such problem. The present work, supplied by doctrinal sources, asks: In domestic violence crimes, where there are usually no witnesses, does the victim's word take on special relevance? What are the useful evidence in this type of process? How are they valued and what problems are encountered in their production? Thus the research problem brought to the fore a more detailed analysis about the production and valuation of the means of evidence admitted in the light of the Brazilian Code of Criminal Procedure in the processes of jurisdiction of Law 11340/2006. Finally, it was observed positions on the current understanding of the High Courts having as a matter the probative value of the primacy of the victim's word as the primary means of condemning the defendant in the absence of other evidence that proves the conviction of the agent in crimes of violence domestic.