Facility Process Conditional Suspension in Domestic Violence Cases Against Women From The Change of Maria Da Penha Law : Why an Alternative Less Rigorous Based Reconciliation to face this evil

• Main Author: Márcia Haydée Porto de Carvalho
• Format: Article
• Language: Spanish
• Published: Conselho Nacional de Pesquisa e Pós-Graduação em Direito 2016-06-01
• Series: Conpedi Law Review
• Subjects: Suspensão Condicional do Processo Penal; Violência Doméstica contra a Mulher; Alteração da Lei Maria da Penha.
• Online Access: http://portaltutor.com/index.php/conpedireview/article/view/66

This paper studies the conditional studies the conditional suspension of the penal process. This institute consist in the suspension of the procedural course by judicial decision for a certain period, provided accused, with the agreement of his defender, accept to fulfil some conditions, due to proposal from the public prosecutor if there are requirements established in the law and after finished the probation period, the process is archived. It shows that Brazilian Court Supreme forbidden application of this institute to domestic violence against the woman cases in 2012. However, it defends that is important create a law establishing that is possible apply the conditional suspension of the process to this cases as an option to the formal punishment, when the victim is living with the accused or she is her friend, with the monitoring of the aggressor for considerable period, when his reeducation will be observed.