LEI “MARIA DA PENHA”. CONCEITOS ESSENCIAIS, A VIOLÊNCIA PATRIMONIAL CONTRA A MULHER NA FORMA DA LEI 11.340/2006 E AS IMUNIDADES PENAIS PREVISTAS NOS ARTIGOS 181 E 182 DO CÓDIGO PENAL

Abstract

The present article seeks to analyze whether advent of Law 11.340/2006, also known as the Maria da Penha Law, resulted in the revocation, even if tacit, of the criminal immunities provided for in articles 181 and 182 of the Penal Code. Said law, in its article 7, item IV, conceptualizes patrimonial violence, a species of which domestic and/or family violence is gender, while the Penal Code contains a rule, in the Title of Crimes Against Patrimony, exempting from penalty the agent who commits this offense against a spouse. The purpose of this article is to analyze the antinomy (or apparent antinomy) between these legal devices. Secondarily, it is intended to reaffirm the content of several concepts related to the aforementioned law.