O crime de descumprimento de medida protetiva de urgência e o direito penal simbólico: uma análise sob a perspectiva da transversalidade de gênero

Abstract

Violence against woman represents a serious violation of Human Rights. The history of women's rights is connected to a long period of inequality, practiced by a sexist culture, existing in a patriarchal ideology society, this historical conception introduced domestic violence. In Brazil, the 1988 Federal Constitution changed this panorama, protecting fundamental rights and assurance, for example equality. Then, the Maria da Penha Law emerged in 2006, with the goal of prevent domestic and family violence against woman. In 2018, this law implemented the crime of non-compliance with Emergency Protective Measures, in an attempt to overcome the large number of non-compliances in the country. For that reason, the general objective of this work is to analyze the crime of non-compliance with urgent protective measures based on the bias of Symbolic Criminal Law in Brazil and gender transversality. To this end, the methodological procedures of bibliographic analysis were used, with a hypothetical deductive method on a qualitative approach. As a result, it was found that the crime of non-compliance with urgent protective measures is a symbolic criminal norm, due to the ineffectiveness of state jurisdictional provision in guaranteeing the protection women’s rights , in having effective compliance with protective measures. , the indices are scary, considering that the State limited itself in the use of the penalty, with the aim of responding to the public outcry, demonstrating the State as a symbol of security, making legislation ineffective and merely symbolic, to the detriment of the articulation of policies public confrontation and repression from the perspective of gender transversality.