(In)aplicabilidade das escusas absolutórias aos delitos patrimoniais cometidos contra a mulher no âmbito doméstico e familiar

Abstract

The present study aims to analyze the (im)possibility of applying absolute excuses, also called criminal immunities, provided in the Brazilian Penal Code, to criminal infractions of heritage violence committed against women, under the terms of Law 11.340/06, compared to the apparent conflict of rules observed between articles 181 and 182 of the Penal Code and article 7, item IV, of the Maria da Penha Law. To this end, after a historical and contextual analysis of domestic violence in Brazil, we proceed to the presentation and discussion of favorable and unfavorable positions regarding this applicability through bibliographic research in doctrines, scientific and informational magazines, jurisprudence, websites and others that were necessary. Finally, regarding the conclusions reached, despite the divergent doctrine that still lingers on the subject, the STJ has the understanding of the applicability of criminal immunities in the context now in focus, to the argument, in summary, that the Law 11.340/06 did not revoke them, either expressly or tacitly, which is why their inapplicability would directly violate the constitutional principle of isonomy.