A (IN) EFICÁCIA DA MEDIDA PROTETIVA EM CASOS DE VIOLÊNCIA DOMÉSTICA

Abstract

The present review discussed the possible ineffectiveness of protective measures in cases of domestic violence. This is an issue of high social importance, considering that even with the creation of several laws and public policies to combat domestic violence, especially against women, the data is still very alarming. The general objective of the work was to identify the reasons for the ineffectiveness of protective measures, given the persistence of high rates of violence against women. The methodology used was the literature review of books, scientific articles and legal texts. The gradual evolution of women's rights in Brazil represented a break with the current patriarchy, despite the persistence of practices that still refer to unjustified male supremacy. In this context, several public policies have been adopted, with emphasis on the Maria da Penha Law and the Emergency Protective Measures. The difficulties in effectively complying with these measures, however, were identified due to the maintenance of high numbers of violence against women. Such ineffectiveness does not appear to be related exclusively to the incipience of legal precepts or to failures in the daily work of the authorities who are given responsibility for complying with the measures. The reasons for the ineffectiveness of protective measures, given the persistence of high rates of violence against women, can be observed from the reality that indicates that the continuity of domestic violence derives from several factors, including cultural aspects and impunity in some cases, as well as eminently social issues. Although greater effectiveness is needed in the search for compliance with the urgent protective measure, it is important to note that policies adopted at the local level, such as those mentioned in this work, can be an effective contribution to combating domestic violence.