Analysis of The Case of Applications of The Maria da Penha Law that Had A Statute of Limitations

Abstract

This research Project aims to analyze data from criminal proceedings related to domestic violence in which there was a statute of limitations. Starting from the conception of institutional violence and due diligence, based on international standards, we elected as general objective of the project analyze the court process of application of the Maria Da Penha Law in the Court of Justice of São Paulo and seek to identify which phase is more common in the occurrence of the statute of limitations: between the receipt of the accusation and the citation of the accused or between the delivery of the sentence and the criminal execution. As specific objectives, we intend to: (i) conduct a literature review on access to justice for women, cases of domestic violence and the statute of limitations; (ii) understand the impacts of the statute of limitations on crimes of personal injury and threat in the context of domestic violence; (iii) understand and analyze the relationship between the statute of limitations in cases of domestic violence and access to justice for women. To do so, we will follow methodological strategies of empirical models, from which we will collect data and elaborate descriptive statistical models of the demands in the Court of Justice of São Paulo. We hope that the research can provide subsidies for the scientific and critical analysis of the relationship between women's access to justice and the prescription of lawsuits related to domestic violence. In this way, the work will also contribute to the reflection and implementation of the Maria da Penha Law.