O instituto da retratação da Lei nº 11.340, de 7 de agosto de 2006 como forma de efetividade jurídica e prática do princípio constitucional de proteção à família

Abstract

The present study aimed to demonstrate, through the collection of statistical data, from information obtained in the digital process system Court of Justice of the State of Tocantins (TJ), entitled Electronic System of Cases (E-PROC) the percentage of victims of domestic violence who portray, that is, they waive the right to prosecute their aggressors, taking into account the various social, affective and family factors that victims to make such a decision. However, the fact that Article 16 of Law No. 11,340 of August 7, 2006 was considered as a problem victim to be retracted until receipt of the complaint and at a hearing before the judge of law, i.e. once the representation was offered before the police officer, the woman will not be able to recant at the Police Station. It turns out that victims do not hold this information, either because of lack of legal training or for lack of monitoring of a lawyer or public defender and in the vast majority of cases, when the victim appears before the court, to be heard, the report has already been received and it cannot request the filing of the case. In addition, it is understood when the law does not allow the victim to give up processing their aggressor, the state is subjecting this woman to a new violence. It was also verified that it is not possible to trace the socioeconomic, cultural and social profile from the point of view of the victim and the aggressor that allows to maintain a database to classify them to be served in programs, projects, benefits and services offered by the State that ensure a perspective of family life with minimum conditions of human dignity. In view of the data collected and the proposal for the Tocantins State Court of Justice was submitted to create an icon in the E- PROC system providing information to respect for the socioeconomic conditions of the victim and aggressor related to color, education, family income, profession, last employment. With this, the magistrate will be able to direct the victim/aggressor to the necessary care. In addition, the Municipality of Araguaína/TO recommendations for proposing Municipal Law will be forwarded to permanent campaigns to be used by municipal school units on the theme of combating machismo and violence against a woman.