Os impactos da lei 14.550/23 na Lei Maria da Penha : uma análise da (in)efetividade do acesso à medidas protetivas por parte das mulheres vítimas de violência doméstica.

Abstract

This research is dedicated to studying the effectiveness of protective measures and their application by the Rio Grande do Sul judicial system, analyzing whether there has been easier and increased access by women victims of domestic violence in Rio Grande do Sul after the changes made by Law 14.550/2023 to the Maria da Penha Law. In this context, the problem to be addressed consists of understanding whether there was easier access to protective measures after the change in the law. To this end, the deductive method was used, through doctrinal examination, legislative research and analysis of data related to the topic. In order to analyze the effectiveness of the Maria da Penha Law, we sought to research domestic violence and, in addition, the emergence of the Maria da Penha Law, as well as highlighting the types of violence and the cycle in which it occurs. Likewise, we explored the study of protective measures, what the procedure is for granting them and, finally, we analyzed the statistical data on the granting of emergency protective measures in Rio Grande do Sul from 2020 to 2024. In the end, it was possible to affirm that there has been an increase in the granting of emergency protective measures in Rio Grande do Sul and that there are flaws in the granting and monitoring by the state, which proves that the mere decree of imprisonment in cases of domestic violence is already a failure on the part of the state. In 2023, there were 5,257 arrests for domestic violence, data that in itself demonstrates the inefficiency of protective measures in guaranteeing the victim's safety.