O artigo 16 da Lei nº 11.340/06 e sua aplicação: da retratação à representação oferecida pelas mulheres vítimas de violência doméstica e/ou familiar no Brasil

Abstract

The objective of this monography is to investigate the indication of court hearings about the article 16 of the law number 11.340/06 unduedly designated in the Nepomuceno’s Unique Court Precinct, state of Minas Gerais. The methodology employed was the bibliographic and documentary research. Through the first have been demonstrated the historical context and the reason of the Maria da Penha Law, beyond the women’s autonomy theories. Through the second was performed a field research for court data collect and demonstration of the results. It was demonstraded that in the 75% of the court lawsuits analyzed the court hearings about the article 16 was unduedly designated. It was concluded that the tendency in the Nepomuceno’s Unique Court Precinct is to extinguish the court lawsuits relating to women domestic and/or family violence using the article 16 by artifice; and the best way to use the the article is only when the criminal procedure allow and/or the victim has previously manifested about the disinterest in the criminal procedure continuation.