Medidas protetivas de urgência: uma análise sobre a tênue linha entre proteção e desvirtuação

Abstract

The present study focuses on analyzing the emergency protective measures established by Law No. 11.340/2006, known as the Maria da Penha Law, investigating the fine line between their protective function and the risk of misuse in the context of domestic and family violence against women. In this context, the research problem is defined by the following question: how can protective measures, although essential for safeguarding victims, be improperly used in ways that compromise fundamental rights and the credibility of the justice system? The general objective of this study is to analyze emergency protective measures in light of the Maria da Penha Law, seeking to understand the balance between the effectiveness of protection and the risks of trivialization. To this end, the study discusses the historical and social foundations that led to the creation of the legislation, examines its practical application and the challenges related to its effectiveness, and analyzes judicial decisions that highlight both the importance and the limitations of this legal instrument. Regarding methodology, the research is qualitative and bibliographical in nature, based on doctrinal works, scientific articles, legislation, and case law from the Superior Court of Justice, allowing for a critical and interpretative analysis of the application of protective measures. As a result, it is emphasized that although these measures represent an essential advancement in combating domestic violence, their excessive or improper application may generate distortions and injustices. Finally, it is concluded that it is necessary to improve monitoring mechanisms, establish objective criteria for granting protective measures, and promote the continuous training of legal professionals, thereby ensuring the legitimacy and effectiveness of the Maria da Penha Law.