A possibilidade de aplicação da suspensão condicional do processo aos crimes praticados com violência doméstica e familiar contra a mulher

Abstract

This study analyzes the conditional suspension of proceedings and the Maria da Penha Law in order to demonstrate the potential applicability of such institute in cases ruled by the mentioned law. On that topic, it was highlighted the inapplicability of the Law nº 9.099/1995 in the cases at hand, due to express provision of the Law No. 11.340/2006 and, as a result, the impossibility of applying the conditional suspension of proceedings. Initially, after conceptualizing the procedural probation and domestic violence against women, an examination was made around the scope of the decisions made in concentrated control of constitutionality, underwent by the Maria da Penha Law, which are the ADIN nº. 4424 and the ADC 19-DF, highlighting, in the end, the reach of the decisions issued by the Federal Supreme Court. Then, starting from the analysis of the data brought to this study, the possibility of applying the institute was pointed out, it was also demonstrated that the procedural probation, while being a measure of criminal policy, may present itself as being more beneficial to the goal desired by the Law Maria da Penha and, therefore, should be applied to the cases of domestic violence against women.