Maria da Penha: a aplicação e as implicações da teoria garantista nas relações de família

Abstract

The work presents a summary current briefing and of the application of the principle of the dignity human being, and the “importation” of the “garantista” theory of the Criminal law, both applied to the family relations, where the effective exercise of citizenship starts. It shows to the case of Maria da Penha Fernandes, a Brazilian who, in 1983, after to suffer to an attempt from homicide of its then husband, had its cause taken to international circuit, since, national, she seemed not to have a brief solution to end the question. The rights that it searched, years later would be made use in the Federal Constitution of 1988, that it came to assure, among others right, the equality between the sorts, and one consequent gamma of restrictions the preconceptions and exclusions. But, as the subjugation of the woman is one practical very old one, the society alone is given on account when situations, as of Maria da Penha, they surpass the limits of urbanity and humanism the one that is conditional. This acceptance that if it establishes throughout the time, with subtle philosophical boarding to the light of the teachings of juridical philosopher Hegel, can be one hindrance the beneficial changes in the bulge of familiar relations and, consequently, to the social relations. The work is divided in three chapters that treat, respectively, of the case Maria da Penha and the concept of dignity human being; of the “importation” of the “garantista” theory for the civil law; of the time as a precursor of probable causes of injustice; and, finally, of the balances of the author on its findings.