THE DECREE OF EMERGENCY PROTECTIVE MEASURES BY THE MILITARY POLICE: A REFLECTIVE STUDY OF THE MECHANISMS FORESEEN IN THE MARIA DA PENHA AND HENRY BOREL LAWS

Abstract

This article, through a qualitative and exploratory research, seeks to understand the reflexes, objectives and applicability of articles 12-C of Law nº 11.340/2006 (Maria da Penha Law), with the advent of Law nº 13.827/2019) and 14 of Law No. 14,344/2022 (Henry Borel Law), which expand the list of competent authorities for the application of urgent protective measures. In this vein, it is important to understand the impact caused in the lives of countless women, children and adolescents, victims of domestic violence and residents in municipalities devoid of a Judicial Police or Judiciary Power structure. Thus, considering the capillarity and scope of the daily action of the Military Police, and weighing the urgency of removing the aggressor, as well as the principles of proportionality and opportunity, we will discuss the constitutionality of the enactment of a protective measure by military police in cases of domestic and family violence; what are the practical possibilities involving the removal of the alleged aggressor and what are the possible sanctions for possible non-compliance with the aforementioned measures. Finally, the present work observes the effects and practical needs of this type of action by the Military Police of Paraná.