As medidas protetivas de urgência com o advento da Lei n.º 13.827/2019:

uma análise da possível violação ao princípio da reserva de jurisdição desde a Lei n.º 11.340/2006 (Lei Maria da Penha)

Abstract

This article aims to analyze Law nº 13.827 of 2019, which innovated in the legal system with the inclusion of articles 12-C and 38-A in Law nº 11.340/2006 (Maria da Penha Law). The work analyzes the evolution of the existing mechanisms and the legislator's assertiveness when it allowed that the Urgent Protective Measures, which previously could only be granted by the judicial authority, were also granted by the police authority in cases where the municipality of residence is not the headquarters. of City. This amendment was the subject of a Direct Constitutional Action on the grounds of violation of the principle of reservation of jurisdiction. Thus, the article will also address some characteristics of the Maria da Penha Law and its protection mechanisms against domestic violence. The hypothetical-deductive method of approach was used, with the analysis of legislation related to the subject and bibliographic research. It's concluded that the aforementioned law does not suffer from any vice of unconstitutionality, being another advance in the protection of women, in respect of the constitutional commitment, as well as international commitments of Brazil for the protection of women victims of violence.

KEYWORDS: Maria da Penha Law. Domestic violence. Emergency protective measure.