Da violência de gênero à violência doméstica : a síndrome da mulher espancada como legítima defesa preordenada nos Tribunais de Justiça norte-americanos e brasileiro.

Abstract

It has been observed that in the first half of 2020, there was a significant increase in the denunciations of domestic violence indexes. In spite the existence and force of Maria da Penha law, the historic of female submission and subordination still is very present in the social context, in all circles of civil life. Is known that the judiciary is, many times, inefficient, don’t follow the appropriate measures of support and protection for the victims, becoming they desbelieved that the justice system, and fulfillment of protective measures are, in fact, efficient. Therefore, with this paper, sought to trace a parallel between victims that, with the unpreparedness and helplessness of the justice system, return to the cicle of domestic violence and, on some cases, act desperately because they can’t handle with this situation. So emerged the questioning about the beaten woman syndrome: how it can be applied in cases of homicides arising of domestic violence as a excluding illegality? Thus, to answer this question, we will use the inductive method, since we will start from the analysis of a broad social context. At that point, in order to be able to develop such a project, an analysis of data removed from scientific articles, statistical statistics, jurisprudence and doctrines related to the theme will be carried out. Still, the qualitative, exploratory and bibliographic techniques will be used, having as means of research the virtual and physical libraries of the University, as well as searches on websites of the Courts of Justice of Brazil and North American Courts academic repositories of other higher education institutions. and in the CAPES and SCIELO databases, in addition to research in scientific articles, websites and other libraries.