A natureza jurídica das medidas protetivas de urgência e suas consequências jurídicas

Abstract

This undergraduate thesis aims to systematize the doctrinal and jurisprudential understanding of the Legal Nature of Urgent Protective Measures, mechanisms provided for and listed by Law N.º 11.340/2006, known as Maria da Penha’s Law, more specifically in articles 22, 23 and 24, found in Chapter II, Section I. The year the presentation of this work ocurred, , 2021, is also the year in which the Maria da Penha’s Law completes 15 years of duration, representing a legal milestone of great importance, whose main objective is the to prevent, punish and eradicate domestic and family violence against women. The deductive approach method and the indirect research technique were used, through bibliographical and jurisprudential research. At first, a reflection on domestic violence and its forms were carried out, as well as an expansion on the perspectives regarding the legal landmarks related to the subject. Then, the Maria da Penha’s Law was contextualized, addressing its creation and the context in which it occurred. Finally, it was discussed the definition of the Urgent Protective Measures and the divergent points of view regarding their Legal Nature.