A IMPOSSIBILIDADE DE SUBSTITUIÇÃO DAS PENAS PRIVATIVAS DA LIBERDADE NO CONTEXTO DA LEI MARIA DA PENHA
Abstract
This research is about replacing the deprivation of liberty with restrictive rights, involving criminal offenses committed under Law 11.340 / 2006. The relevance of this study is demonstrated by the need for reprimand and due action by the State in cases involving these infractions. The general objective of the study sought to understand the prohibition on substituting deprivation of liberty for restrictive rights. The specific objectives in contextualizing the Maria da Penha Law and its importance, characterize the situations in which criminal offenses are committed in the context of domestic violence and point out the reasons that prohibit this substitution of penalties. The research methodology was bibliographic and exploratory, based on the search in the jurisprudence of the higher courts. Concluding that Precedent 588 of the Superior Court of Justice prohibits this substitution, even if the infraction has the conditions, but as long as it is in this context, it is not allowed.
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