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Type: Artigo de periódico
Title: Law Enforcement At Issue: Constitutionality Of The Maria Da Penha Law In Brazilian Courts
Author: Machado M.R.A.
Rodriguez J.R.
Prol F.M.
da Silva G.J.
Ganzarolli M.Z.
Elias R.V.
Abstract: The objective of this study was to identify the main positions regarding the constitutionality of the Maria da Penha law (Law 11340/2006) in the Brazilian judicial system. As a result of political demands of the Brazilian feminist movement, the law has been at issue in the public sphere, and its constitutionality before the Supreme Federal Court has been pursued. Th e following issues were identifi ed: i) a questioning of the law as a whole, considering its distinguished treatment of women, ii) a questioning of the law in that it precludes the enforcement of Law 9099/95; iii) the legislative competence to defi ne petty crimes, iv) the support for subjection of the Judicial Branch and v) the constitutionality of law without background reasoning. By examining the arguments used in Courts of Justice, we intend to demonstrate how the establishment of the law is not limited to the legislative act, and the Judiciary can be the stage for disputes.
Rights: fechado
Identifier DOI: 
Date Issue: 2012
Appears in Collections:Unicamp - Artigos e Outros Documentos

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