(Im)possibility of applying the conditional suspension of the process under the scope of Law 11,340/2006 (Maria da Penha Law)

Abstract

After the period of pleading for tools that could safeguard women’s rights in crimes in the context of domestic violence against women, and there was a quick and adequate sanction to the aggressor, the legislator innovated the order with Law no. 11.340/2006. However, in practice, the purpose achieved to prevent the defendants from receiving as a punishment the payment of food baskets, or minimum wage in modest benefits arising from the criminal transaction through Law no. 9.099/1995, also reached the conditional suspension of the process inserted, with some jurisprudential reservations, in that law. The procedural sursis found a barrier both in the Maria da Penha Law in 2006, and, after extensive debate, in Precedent 536 of the Superior Court of Justice. However, in addition to the established understanding of non-application of the institute of conditional suspension in crimes involving domestic violence against women, in the District of Rio Negro/PR still occurs the offering, based on the principles of speed, instrumentality, reasonable duration of the process and efficiency, also pointing out that the institution of suspension has nothing to do with the Law of Special Courts being badly inserted into the device. Thus, a documentary research was carried out regarding the effectiveness of the agreement in the aforementioned district and whether it restrained and prevented the commission of crimes by the same aggressors. From the results presented, it was shown that all the defendants fully complied with the agreement and the vast majority did not commit a crime again in the context of domestic and family violence against women.