A insuficiência da lei 14.994/2024 perante a ineficácia das medidas protetivas de urgência da Lei Maria da Penha: uma análise diante do direito penal simbólico

Abstract

This study analyzes the insufficiency of Law No. 14,994/2024 in reducing the rates of violence against women, given the ineffectiveness of other existing instruments, especially the urgent protective measures established by the Maria da Penha Law. The research aims to identify the reasons that lead to the ineffectiveness of these protective measures and how they relate to the emergence of new laws. Subsequently, it emphasizes the need for a balanced protection of the rights of the victim and the defendant in criminal proceedings, without neglecting either. In light of the issue under investigation, the study examines the creation of laws as a positive penal obligation of the State. However, it was observed that there is a current tendency to overlap symbolic criminal law with this state duty, through legislative creation widely aimed at reducing popular fervor. Using the inductive method, through documentary and bibliographical research, it was concluded that Law No. 14.994/2024 can be framed within the theory of penal symbolism, although this understanding does not diminish its importance. Based on the aforementioned analyses, it was found that the most effective way to significantly reduce the rates of crimes committed against women is through the integrated application of the legal system, rather than the mere unrestrained creation of laws. Thus, urgent protective measures were highlighted as a means of combating such crimes, due to their inhibitory nature.