Disputing the application of laws: the constitutionality of the Brazilian Statute against domestic violence in the courts


Autoria(s): Machado, Marta Rodriguez de Assis; Rodriguez, José Rodrigo; Prol, Flávio Marques; Silva, Gabriela Justino da; Ganzarolli, Marina Zanata; Elias, Renata do Vale
Data(s)

25/04/2014

25/04/2014

24/04/2014

Resumo

This study aimed to map the key positions regarding the constitutionality of the Maria da Penha Law (Law 11.340/2006) in the Brazilian judicial system. The law, the result of political struggles by the Brazilian feminist movement, has been the subject of discussions in the public sphere and actions aimed at consolidating its constitutionality before the Federal Supreme Court. We examined and discussed the arguments used in the Courts, intending to show that the creation of law is not limited to the legislative moment, but rather that its social meaning is also constituted through disputes within the Judiciary.

Identificador

http://hdl.handle.net/10438/11667

Idioma(s)

en_US

Relação

DIREITO GV Research Paper Series – Legal Studies;90

Palavras-Chave #Maria da Penha Law #Constitutionality #Judiciary #Public sphere #Theory of law #Direito
Tipo

Working Paper