THE (IN)APPLICABILITY OF THE HEARING PROVIDED FOR IN ARTICLE 16 OF LAW NO. 11.340/06 IN THE CRIMINAL STICK OF THE DIANOPOLIS-TO COUNTY

Abstract

The present study had as its basic and specific purpose, to analyze the trajectory of the occurrences of violence against women in the Criminal Court of Dianópolis-TO, from 2015 to October 2019, in which were discussed: the number of protective measures cited during the period mentioned above, and whether or not the conciliation hearing provided for in Article 16 of the aforementioned Law was necessary. The methodology used here was the bibliographic research and the field research, which consisted of a research based on procedural data collected within of the E-proc Procedural System in the Criminal Court of the District of Dianópolis-TO and interviews with judges of that County. It concludes the innovations of Law No. 11.340 / 2006, also known as the Maria da Penha Law, inserted in the legal system. Brazilian list of measures aimed at rescuing female citizenship and assuring women the right to a life without violence. Thus, the aggressions suffered by women are of a physical, psychological, sexual, patrimonial and even moral character, which began to have differentiated treatment by the State. The subject is quite controversial and brought changes that presuppose, beyond formal equality, a differentiated treatment for the victim (woman) and the offender, seeking to adapt to the needs and peculiarities of each, especially as regards the Protective Measure and the victim's resignation before the Public Prosecution Service.