Uma análise da lei 13.827/2019 em relação à medida protetiva de urgência concedida pela autoridade policial

Abstract

This work aims to analyze Law 13.827 of 2019, regarding the inclusion of two new articles 12-C and 38-A, in the Maria da Penha Law (11.340/2006). The first article is responsible for the central question of the study, which extends the competence to grant protective measures of urgency, which before was granted only by the judicial authority, now is also granted by the police authority, provided that the municipality that the victim resides is not the seat of the District. This amendment was challenged as to its constitutionality, since it removes the exclusivity of the judicial authority in granting protective measures of urgency. It is intended to demonstrate that this legislative change is adequate to attend the needs of victims who still suffer from the slowness of the judiciary. In addition the study, explain the actions of the police authority for these victims after the change brought by Law 13.827/2019. The study also emphasizes the history of domestic and family violence against women, the role of International Conventions and the creation of the Maria da Penha Law in combating domestic violence against women in Brazil. The hypothetical-deductive approach method was used, and through the study of pertinent legislation and the use of bibliographic researches, the referred Law was analyzed. In the end, it was found that the Law is constitutional because it does not violate the principles of the Federal Constitution. Such changes are important to protect the lives of these victims who live in municipalities that are not the seat of the District.