CONSECRATION OF THE DIGNITY OF HUMAN PERSON’S PRINCIPLE THROUGH THE EMERGENCY PROTECTIVE MEASURES IN THE MARIA DA PENHA LAW

Abstract

The present study approaches the consecration of the dignity of human person’s principle through the emergency protective measures in the Maria da Penha law. Its main aim is to examine this principle, as being the basis for the application of the measures provided in the Maria da Penha Law. Starting with a research emanating from a deductive method, eminently bibliographic and documentary, and from a post-positivist paradigm focused on values, the richness of the existing discussion on the matter is clear. Thus, because domestic violence against women is linked to a very old concept of women’s stereotype, as being minor and subjugated, and because it was recognized in the twentieth century as a violation of human rights, this issue has been widely discussed in the international community and, recently, in a more emphatic way, in Brazil, as well as the dignity of the human person, which embodies several components and values for each generation of human rights established by Karel Vazak, which is intrinsically linked to the evolution of women’s rights and, consequently, it is necessary to protect them from the gender-based aggression. From the research, it can be learned that the dignity of the human being can only be realized through policies such as Urgent Protective Measures, which, in fact, guarantee the safety of woman at risk.