PREVENTIVE ARREST OF OFFICE IN CASES OF DOMESTIC VIOLENCE AGAINST WOMEN AFTER LAW N. 13.964/2019

Abstract

This research deals with the alteration promoted by the Anti-Crime Law (Law n. 13.964/2019), which excluded from the Penal Code (Decree-Law n. 2.848/1940) the possibility of enacting pre-trial detention by the magistrate, and its effects on Maria da Penha Law (Law n. 11.340/2006), in which the device that contemplates this possibility remained unchanged. The problem investigated is to determine whether the provision contained in article 20, caput, of the Maria da Penha Law, is still valid by reason of the specialty or was tacitly revoked by the new law, based on the chronological criterion.The theme is inserted in the branch of public law, specifically in the criminal procedural scope, and has special relevance because it is a current discussion has not yet been settled by the courts.The approach method employed was the deductive, applying the technical procedure of bibliographical research, based on jurisprudence, articles, doctrines and pertinent legislation.The study is divided into two sections: the first discusses the conflict resolution criteria (hierarchical, chronological and specialty), highlighting their main differences and applications, while the second deals with the antinomy existing in the concrete case, which criteria can be used and, among them, which is the most appropriate in the current scenario. After doctrinal and jurisprudential analysis, it was concluded that there is still no consensus on the subject, however, in higher courts the chronological criterion tends to prevail.