The The crime of threat in the domestic sphere

an analysis of impunity under the Maria da Penha Law based on flow studies

Abstract

This study aimed to identify the predominant factors in the flow of cases processed in the 2nd Court of Domestic and Family Violence Against Women in Natal/RN, an instance that is part of the criminal justice system, in order to assess the levels of impunity for the crime of threat when committed within the scope of the Maria da Penha Law. One of the main hypotheses that leads to impunity in cases of domestic violence is the possibility of retraction by the victim in crimes where such mechanisms are permitted, as is the case with the crime of threat. Another hypothesis is the slowness in the processing of cases. From a methodological perspective, this work used a flow model to evaluate the functioning of the criminal justice system for the crime of threat committed in the domestic sphere, under a prospective longitudinal analysis. After data collection and graphical representation of the results obtained, it was concluded that the victim's decision not to prosecute the aggressor represents an obstacle to the State's right to punish, as it deprives the Judiciary of the possibility of providing a jurisdictional service commensurate with the aggression suffered, thus creating a true cycle of violence.