Análise da aplicação do princípio da insignificância no âmbito da violência doméstica e familiar contra a mulher

Abstract

The approval of the Maria da Penha Law in October 2006 was the initial milestone in the emergence of domestic violence in Brazil, with a view to creating mechanisms to curb different forms of family violence against women. In view of the new system, over the years, several themes have been discussed and analyzed by both doctrine and courts, especially superiors, in view of the need to adapt the dictates of the Brazilian legal system to the thousands of conflicts that occurred in the family area. Moreover, being considered a protective legislation, the intervention of the State is treated differently and, consequently, the systematics of criminal law and its application are guided by care. However, it is necessary to evaluate the extent to which there is effectiveness and whether criminal law is being applied in a way that achieves its purposes. Thus, it is in this scenario that the present study aims to guide, analyzing, the possibility or not of applying the corollary of the principle of insignificance, calling it the "inappropriate bagatelar principle" or the need for the penalty, to crimes committed in the context of domestic and family violence against women.