A Lei Maria da Penha como instrumento extrapenal de combate à violência doméstica e familiar

Abstract

The present paper aims to analyze the non-criminal elements provided for in the Maria da Penha Law to face domestic and family violence against women in Brazil, with emphasis on the civil liability of the aggressor. Therefore, after clarifying aspects about the concept, origin and characteristics of domestic and family violence, the construction process and the structure of the Maria da Penha Law is analyzed in the current context of domestic violence. Subsequently, we dedicated a chapter to problematize the punitive culture, analyzing alternatives beyond the punishment brought by the Maria da Penha Law, also addressing civil liability and its functions in cases of domestic violence. The results pointed to the fact that the Maria da Penha Law does not rely exclusively on criminal law and that civil liability can contribute to the defense of women's rights.