Denunciação caluniosa; o mau uso da Lei Maria da Penha como instrumento persecutório de vingança passional.

Abstract

This Course Completion Paper - TCC was structured with the objective of analyzing the practice of false accusation within the factual context of the Maria da Penha Law (Law 11.340/2006), thoroughly examining how this legislation can be distorted and improperly used as a mechanism of revenge or emotionally motivated persecution. While the Maria da Penha Law stands as a fundamental milestone in the protection of women facing domestic and family violence, its improper application can lead to extremely serious injustices, particularly when used as a means of retaliation or manipulation against a partner or ex-partner. This paper is based on a detailed analysis of current legislation, criminal and procedural legal doctrine, as well as the search for relevant case law and real-life cases, emphasizing the impact of legal distortion on the lives of those falsely accused. Furthermore, it addresses the challenges faced by the Judiciary in balancing the protection of real victims of domestic and family violence while also ensuring due legal process for the accused, respecting the constitutional principles of full defense and the presumption of innocence. With due respect, this paper proposes concrete measures aimed at curbing the fraudulent use of the Maria da Penha Law by that minimal fraction of women who resort to such subterfuge, without, however, weakening the primary objectives of the Law—to combat violence against women and protect those in vulnerable situations. Finally, this work seeks to contribute to the discussion on the need for a fair and effective application of the Maria da Penha Law, while simultaneously ensuring the protection of the rights of all parties involved