Os direitos para a defesa dos requeridos nos pedidos de medida protetiva de urgência da Lei Maria da Penha

Abstract

The emergency protective measures of the Maria da Penha Law are an instrument created to immediately safeguard the physical, psychological, and moral integrity of the victim. However, the application of these measures has generated controversy regarding the observance of the constitutional guarantees of the accused, especially concerning the right to a fair hearing and full defense. In practice, many decisions are made without prior hearing of the accused, a situation aggravated by the treatment given to the victim's word as sufficient evidence for granting and maintaining the measures, weakening the principle of presumption of innocence. In view of this problem, a bibliographic research was conducted to analyze the dificuldades faced in the defense of defendants in emergency protective measures, especially regarding the absence of a fair hearing and the difficulty in refuting the victim's testimony.