THE PROTECTIVE MEASURE WITH INTENTION TO CAUSE DAMAGE

Resenha da Obra: MENDES, Ângela Maria de Aguiar; et al. O abuso de direito e desvio de finalidade no uso das medidas protetivas de urgência no contexto da Lei Maria da Penha. Revista Jurídica FBC, Serra/ES, v. 01, n. 1, p. 88-102. 19.maio.2024.

Abstract

This is a review of the article entitled "Abuse of rights and misuse of purpose in the use of urgent protective measures in the context of the Maria da Penha Law" by: Ângela Maria de Aguiar Mendes; Danilo Ribeiro Silva dos Santos; Valdecyr Alves Pinto; Pedro Carvalho Goularte; Thaís Machado de Andrade. The article reviewed here was published by the undergraduate Law course of the Brazilian Christian Faculty (FBC) in the FBC Legal Journal, v. 01, n. 1, on May 19, 2024. Law No. 11,340 of 2006, known as the Maria da Penha Law, aims to effectively protect victims of domestic violence, identified as a vulnerable group in contexts of emotional and power imbalance. However, the article under review indicates that protective measures have been used out of context, with abuse of rights and misuse of purpose, generated by reports of domestic violence, resulting in consequences for family composition and behavioral changes in relationships between the individuals involved. The reviewed article, the cited references, as well as other studies that address the effects of the correct or incorrect application of the Maria da Penha Law, are recommended for academics, legal practitioners, and lawyers, especially those who practice or will practice in Family or Criminal Law.