Cercas que se levantam: análise das decisões do Superior Tribunal de Justiça em quatro anos de aplicação da Lei Maria da Penha

Abstract

This study aims to achieve a better understanding of the forensic practices in the cases of domestic violence against women throughout the four years of enforcement of the Maria da Penha Act based on the final decisions of the Superior Court of Justice (STJ) as of September 22, 2006 through September 22, 2010. To this end, an option for the exploratory type of research was made. Regarding the procedures, the choice made favored the bibliographic and documentary research type for the collection of data and the document practical analysis technique for the analysis of the results. The first selection of decisions come from the reports of jurisprudence of the STJ through a research criterion devised to gather as many individual and collective decisions as possible which were made within the realm of this court of justice regarding violence against women. While searching for the final decisions of the court as for violence against women, some readings prompted a special focus of attention to three specific themes debated by the court and that gave the research a new path of direction to more specific issues. The first theme brought about issues related to the court that has the prerogative to judge domestic violence; the second one, issues related to measures of protection and the third one, issues related to the institution of the representation of personal injury offenses resulting from domestic violence against women. The decisions were grouped by theme and the data collected by the completion of a survey sheet specifically devised for each group of decisions. The quantitative approach was used for the characteristics of the lawsuits and the quantitative approach was used for the arguments found in the decisions. The results, in quantitative terms, showed that the most frequent offenses in domestic violence against women (physical injury, threats) which were previously restricted to the scope of Special Criminal Courts, started being taken care of by a higher court, the STJ. They also revealed a number of cases involving domestic and family relationships with the predominance of female partners, girlfriends, former partners, former girlfriends as well as cases of violence involving relationships among brothers-in-law, brothers, daughters-in-law, and that signaled positively for the Maria da Penha Act (LMP) to work as a go for reporting wrongdoing. In qualitative terms it was shown that there is great resistance to the enforcement of the Maria da Penha Act when it comes to offenses which were previously considered less harmful and to the understanding of domestic-family violence as a violation of women’s human rights in several judicial courts, including the Superior Court of Justice - STJ. Although in some cases the answer given by the STJ was positive for women in situations of violence, the restrictive and conservative analyses were predominant in the decisions, especially in those regarding broken up relationships or on-going ones involving boy and girlfriends and former boy and girlfriends. Hindrances were noticed regarding the total enforcement of the Maria da Penha Act and an estrangement between the law enforcement officers, and the challenge posed by the Act, namely, that of rendering service within the judiciary more effective which is essential for the supporting network of women in situations of violence.