Uma análise crítica dos caminhos jurídicos percorridos para responsabilização penal da violência doméstica em Arraias/TO

Abstract

Domestic violence, characterized by abuses committed within family settings, can involve any family member. Law No. 11.340/06, Article 7, specifies the different types of domestic violence, including physical, psychological, moral, sexual, and patrimonial violence. This type of violence, particularly directed against women, manifests in various forms, such as domestic violence, femicide, rape culture, and machismo, profoundly impacting society. The primary objective of this study is to conduct a critical and detailed analysis of the stages of the legal procedure related to criminal actions for violence against women, situating the process of criminal accountability within the broader context of gender inequalities. This research is a bibliographic study with a quantitative and qualitative approach and an exploratory-descriptive character. Data extracted from the E-proc system in October 2023 indicate that 72.6% of domestic and family violence complaints were recorded between 2019 and 2023. Arraias/TO stands out with 86 cases related to the Maria da Penha Law, representing about 48% of the total in the region, which includes the municipalities of Arraias, Combinado, Conceição do Tocantins, and Novo Alegre. This concentration may be associated with factors such as a higher incidence of complaints or better access to justice institutions. Urgent protective measures (MPUs), which are court orders granted to immediately protect victims of domestic violence, represent 42.3% of the cases in the municipality of Arraias. However, despite their importance, MPUs are still not entirely effective, as violence against women persists, with many victims continuing to suffer abuse and even being killed in their homes. This study, therefore, seeks to understand the process of criminal accountability within the context of gender inequalities and to investigate how these inequalities are linked to the challenges faced within the justice system, undermining the effectiveness of the legal process and the guarantee of protection and justice for women victims of violence.