A (IN) CONSTITUCIONALIDADE DA MEDIDA PROTETIVA DE AFASTAMENTO DO LAR, CONCEDIDA PELA AUTORIDADE POLICIAL (LEI N. 13.827/2019)

Abstract

The present work aims to investigate and analyze the (in) constitutionality of the measure of removal of the aggressor from his home or victim, when it involves the current or imminent risk to the life or physical integrity of the woman, promoted by the Police Authority (Chief Officer) or the Police, through Law No. 13,827, of May 13, 2019, which added Article 12-C, in the Maria da Penha Law. Initially, she sought to deal with the protection of women in Brazil, evidencing international intervention by the OAS (Organization of American States) and the Inter- American Commission on Human Rights (IACHR), to curb and type of violence against women in the context of domestic violence, in addition to highlighting the life of Maria da Penha Maia Fernandes and, how the Law honors her was created. Subsequently, he presented the main mechanisms created to protect women, urgent protective measures, seeking to study the concept and the legal nature of these protection measures for these victims. Finally, we sought to assess the (in) constitutionality of the protective measure of removal from home, carried out by Police Authority and the Police, considering the principles of human dignity,jurisdictional reserve, freedom of movement, home inviolability and due process. Being used the method of inductive study, in the elaboration of the presente work, through the analysis of the doctrine, the jurisprudence and several Laws present in the Brazilian legal system.