DOMESTIC VIOLENCE AND CONSENSUAL CRIMINAL PROCEDURE: CRITICAL ANALYSIS OF THE INAPPLICABILITY OF THE SOLUTIONS ENSHRINED IN LAW 9,099/95

Abstract

This article aims to critically examine the treatment given to domestic violence in criminal procedure in light of the inapplicability of Law 9,099/95 imposed by the Maria da Penha Act (Law 11,340/2006). Hence, firstly, we briefly present the international and national panorama that underlines the criminal justice policy and legislative rationality enshrined in the Maria da Penha Act. Then, we set out the research problem: the inapplicability of Law 9,099/95, confirmed by precedents and in line with the criminal justice policy that underpinned such legislative option. Finally, we analyze this choice in view of consensual justice doctrine to, then, point out the applicable critiques.

Keywords

• maria da penha act
• special criminal courts act
• feminism
• consensual justice
• criminal sybolism