Aplicação da Lei Maria da Penha: uma interpretação extensiva da Lei nas relações homossexuais masculinas

Abstract

The family institute, in the Democratic Rule of Law, has special protection, being the basis of society and an important instrument of socialization and education, even receiving in the Constitutional text in an express way. However, it has not always been so, since the contemporary family is the result of the changes experienced by society over the years, in which the bonds and concepts of the traditional family begin to lose their first formatting and new arrangements emerge that come from divorces and separations and, although there is still no talk at the time of legally established homoaffective relations, there are new arrangements, as single-parent families that brings the idea of a single parent playing both roles. The legal system needs to address all social segments and as minorities are more vulnerable, they need the special protection of the State, with the intention of protecting victims of violence, in a more immediate way. Therefore, some judges and indoctrinators understand that the Maria da Penha Law can be applied by analogy in these cases. But, the application of Law 11.340/2006 to homoaffective relationships of male pairs would not take into account the very essence of this law, which is to combat and prevent domestic and family violence against women, who historically have a condition of vulnerability in relation to men.Thereby, it is sought to understand whether it is possible to apply the Maria da Penha Law in gay relations and whether this would represent a mischaracterization or unconstitutionality.