Domestic Violence in Brazil: Social Problems and Legislative Interventions

18 Pages Posted: 12 Feb 2014 Last revised: 3 Apr 2017

See all articles by Ana Lucia Sabadell

Ana Lucia Sabadell

Universidade Federal do Rio de Janeiro (UFRJ)

Dimitri Dimoulis

São Paulo Law School of Fundação Getulio Vargas FGV DIREITO SP

Date Written: February 10, 2014

Abstract

Recent statistical data confirms that domestic violence is a structural problem of exceptional gravity. We analyze the frequent legislative changes in Brazil since 2000 as a result of social pressure for protection of abused women. Only the Law 11.340 of 2006 was well received by lawyers, judges and the public opinion. We present the innovations and peculiarities of this statute and the allegations on unconstitutionality. We discuss cases of judicial review of this law and reject the arguments of unconstitutionality. That notwithstanding, we argue that penalization decisions is the wrong way from a criminological point of view because they do not take into consideration the desires and needs of the victims.

Keywords: Brazil; Domestic violence against women; Judicial review; Legislation on domestic violence

Suggested Citation

Sabadell, Ana Lucia and Dimoulis, Dimitri, Domestic Violence in Brazil: Social Problems and Legislative Interventions (February 10, 2014). FGV Direito SP Research Paper Series No.13, Available at SSRN: https://ssrn.com/abstract=2393610 or http://dx.doi.org/10.2139/ssrn.2393610

Ana Lucia Sabadell

Universidade Federal do Rio de Janeiro (UFRJ) ( email )

Av; Pasteur, 250
terreo - Bairro Maracana
Rio de Janeiro, Rio de Janeiro 23890000
Brazil

Dimitri Dimoulis (Contact Author)

São Paulo Law School of Fundação Getulio Vargas FGV DIREITO SP ( email )

Rua Plínio Barreto 365
São Paulo, 01313020
Brazil

HOME PAGE: http://https://fgv.academia.edu/DimitriDimoulis

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