A MULHER NO DIREITO BRASILEIRO: uma análise sobre a efetividade da Lei Maria da Penha e da qualificadora do Feminicídio

Abstract

The objective of this study was to demonstrate the evolution of women's rights in the legal world, including relevant parts of Civil and Criminal Law, as well as the influence of international positions that expressed the need for mechanisms to protect women. Also presented were the Maria da Penha Law and the qualifier of feminicide as instruments to combat gender violence. The inefficiency of these institutes was also addressed in the present reality. Therefore, it was found that the predominance of the macho culture and patriarchalism prevent that the judicial protections in favor of the woman are effective, which is reflected in the lack of execution of adequate public policies and in the own performance of the Judiciary Power, that normally does not count with fundamental external aid and needs a more sensitive look at the fragility of situations of violence against women. With this, it was verified that despite the numerous female conquests, the ideal of equality with males has not yet been reached, although it is expressly envisaged as a constitutional right and indispensable to guarantee Human Dignity. So that measures to protect women have positive results, it is necessary to work together with public agencies and the Judiciary, so that society can also free itself from the ideals of sexism and oppression.