Processo Civil como forma de acesso à justiça da mulher em situação de violência doméstica e familiar

Abstract

The present dissertation focuses on the access to justice for women who are victims of domestic and family violence, specifically within the context of the application of protective measures in the realm of civil proceedings in Brazil. The justification stems from the increasing prevalence of domestic violence cases and the observation that, in practice, protective measures stemming from the Maria da Penha Law are often not applied since adjudicators, quite frequently, fail to comprehend that such measures are applicable in civil proceedings. In this vein, the research seeks to address the issue of the feasibility of applying the protective measures outlined in the Maria da Penha Law to Civil Procedure. The hypothesized scenario is that the refusal to grant protective measures in civil proceedings constitutes an impediment to the effectiveness of the Maria da Penha Law, thereby infringing upon the access to justice for women victims of violence. This practice may also be construed as a form of revictimization perpetrated by the State against women in these circumstances. Consequently, the overarching objective of the research is to analyze the feasibility of applying the protective measures of the Maria da Penha Law to Civil Procedure, with the premise of ensuring access to justice for women victims of domestic violence. To this end, the specific objectives include: (i) analyzing the concept of access to justice for women in situations of domestic and family violence; (ii) examining the provisional remedies of the Civil Procedure Code and the emergency protective measures stipulated in the Maria da Penha Law; (iii) observing how protective measures are implemented in other countries; (iv) determining whether the grant of emergency protective measures under the Maria da Penha Law in civil proceedings can serve as a means to overcome obstacles for women in situations of domestic and family violence. Ultimately, the hypothesis presented herein will be tested through the analysis of jurisprudence in the states of Rio de Janeiro and São Paulo, during the period from January to June 2023. The research is conducted through the hypothetical-deductive approach, primarily relying on bibliographic, normative, and documentary review procedures. In conclusion, points of convergence between emergency remedies and protective measures were addressed, emphasizing their inhibitory aspect and the possibility of adopting the civil procedural system to enhance access to justice and standardize the treatment given to emergency protective measures, integrating legal and conventional instruments. To contribute to a more effective judicial provision for women in situations of violence, solutions were proposed to address identified difficulties, aiming to establish a civil process that promotes gender equality and serves as an effective instrument to prevent the escalation of domestic violence.