The Pretrial detention in domestic violence against women
The Federal Statute n. 11.340/2006 is the result of an international movement to protect women who are victims of domestic and family violence. The statute recognizes the vulnerability of victims and seeks to protect them effectively. To this end, it diversifies the possibilities of orders and measu...
| Principais autores: | , |
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| Formato: | Online |
| Idioma: | Português |
| Publicado em: |
TJDFT
2025
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| Assuntos: | |
| Acesso em linha: | https://revistajuridica.tjdft.jus.br/rdj/article/view/1042 |
| Resumo: | The Federal Statute n. 11.340/2006 is the result of an international movement to protect women who are victims of domestic and family violence. The statute recognizes the vulnerability of victims and seeks to protect them effectively. To this end, it diversifies the possibilities of orders and measures towards the aggressors. The Maria da Penha Statute establishes a protective jurisdiction with peculiarities compared to the ordinary jurisdiction, including the possibility of the judge acting ex officio to order precautionary measures in general. The Criminal Procedure Code, altered by the Federal Statute n. 13.964/2019, disabled the judge from ordering pre-trial detention without a request from the Public Prosecutor's Office. This situation generated an apparent antinomy between the statutes. This paper discusses, regarding the cases of domestic and family violence against women, whether there is a succession of statutes in time or the prevalence of specialty in the protective regime established by the Maria da Penha Statute. The research is of the legal-comprehensive type and uses a deductive approach. It carries out a literature review and documentary analysis, the latter of modified legal statements and court cases indicating the understanding of the issue by the District Federal’s Court and the Superior Justice Court (STJ). In the end, it concludes that there is a special nature to cases of domestic and family violence against women, which authorizes the exceptional hypothesis of procedural detention ordered by the judge even without prior provocation by the party. |
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| ISSN: | 2675-9640 |
| DOI: | 10.22477/rdj.v115i00.1042 |