Relação da Lei 11.340/06 e Lei 9.099/95 e os impactos da não aplicação da suspensão condicional do processo

Abstract

Law 11.340/06 was responsible for creating mechanisms aimed at curbing domestic and family violence against women, providing for the creation of courts for Domestic and Family Violence against Women, thus amending the Code of Criminal Procedure, the Penal Code, and the Penal Enforcement Law. The Law 9.099/95 aims to regulate the provisions of item I of Article 98 of the Federal Constitution, bringing changes to the material and procedural legal system in favor of modifications to depenalizing measures, through civil composition of damages, transition and surplus, that could contribute to the application of speed to solve the problem, effecting a response to the victim and society. In turn, Law 11.340/06, in its article 41, ended up prohibiting the application of Law 9.099/95, in cases determined for domestic and family violence against women. The objective of this article was to analyze the relationship between Law 11.340/06 and Law 9.099/95, and discuss the conditional suspension of the proceedings under Law 11.340/06. Methodologically, articles from scientific journals and newspapers, official publications in Brazilian government dailies, and electronic searches of Internet databases such as Scientific Electronic Library Online (SCIELO), EMBASE, Google Scholar, and Capes Periodicals were used. We conclude that the decision to prohibit the application of Law 9.099/95 in cases of violence against women was correct, as well as to analyze that applying such a measure is to benefit the aggressors with measures that would depersonalize Law 11.340/06.