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Article

English, Spanish, Italian, Portuguese

ID: <

oai:doaj.org/article:97b1ec362e4a499db5ba8e8827c7c326

>

·

DOI: <

10.22197/rbdpp.v2i1.20

>

Where these data come from
The Federal Supreme Court and the Seas Law of Penha – a regrettable decision

Abstract

O Work reviews two decisions taken by the Federal Supreme Court at the session of the last day of February 09th. The first, by majority, upheld ADIn No. 4424 Articles 12, I, 16 and 41 of Law No. 11.340/06. At the same session, Ministers unanimously followed the vote of the ADC rapporteur No. 19, Minister Marco Aurélio, and declared the arts constitutional. 1, 33 and 41 of the Act. Disagreeing with the Supreme Court’s view, we try to compare some of the provisions of the Law Maria da Penha with the Federal Constitution, concluding that its articles. 17 and 41, in addition to Article 313, IV of the Code of Criminal Procedure, should not be applied, as they are incompatible with the Federal Constitution.

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