Legal nature of emergency protective measures: considerations on Law n. 14.550/23 and its reflexes on the Maria da Penha Law

Abstract

The central proposal of this work is to analyze the effects of Law No. 14,550/23, which provides for the new legal perspective of the application of urgent protective measures in the Maria da Penha Law. The problem that guided the research was: there is no need for an urgent protective measure corresponding to a criminal price, wouldn't this make it possible to have a criminal process without a crime? The objective was to analyze the implementation of the new law on urgent protective measures in the Maria da Penha Law and what implications and legal problems could arise from its use. The justification is to highlight when considering that the specific urgent protective measures of a notorious legal institute that has been applied since the Maria da Penha Law was approved, but which now receives its own normative guise when considering the prediction of the unnecessary existence of criminal classification of the violence that provides the basis for the application of the measures, with attention being given to legislative innovation in this sense. The proposed methodology is to be an exploratory research, of a qualitative nature, carried out based on a bibliographical review. Not referring to the results found, the legal nature of urgent protective measures is different due to the criminal process, which is why there is no need to talk about a supposed criminal process without a crime, since urgent protective measures have mixed legal nature that also covers civil matters.