CONSTITUTIONALITY OF THE NEW ARTICLE IN MARIA PENHA LAW

Abstract

The purpose of this article is to demonstrate the constitutionality of Law No. 13.827 of May 13, 2019, which introduced Article 12-C in Law No. 11.340 of August 7, 2006 (Maria da Penha Law), and which expanded the legitimated competence to remove the aggressor from the home, domicile or place of living with the offended. Thus, from an analysis of the applicability of this law in practice, it will be evidenced by through a principle-based technique that this law does not offend the jurisdiction clause, because we are not facing the suppression of the jurisdictional reserve, but only from a postponed or deferred jurisdiction, moreover, such an innovation is capable of guaranteeing protection to the physical integrity of the woman, because the late removal from the aggressor can have irreversible consequences for the victim.