INCONGRUÊNCIAS ENTRE O PACOTE ANTICRIME E A LEI MARIA DA PENHA: CONTRIBUTOS À LUZ DE DUGUIT, HECK E KANTOROWICZ

Abstract

This article aims to address the debate that emerged with the publication of the Law nº. 13.964/2019, the brazilian “Anti-Crime Law” on its incompatible with the brazilian law nº. 11.340/2006, the “Maria da Penha Law”, analyzing the “Guarantee Judge” in the light of the hermeneutical theories of Duguit, Heck and Kantorowicz in the context of the dilemma between domestic or family violence against women and the maximum impartiality of the judicial state structure along the lines of a criminal accusatory model of process. Based on the hypothetical-deductive method, in which hypotheses are surveyed and submitted to the falsification technique, in addition to a qualitative bibliographic research, it appears that, as referred to the theories of French and German Sociologism, especially with the standard of interests, of the Mass of Spirits and of Free Law, the neutrality of the Guarantee Judge in order to compatible the guarantee of the presumed innocence of the investigated along with the fight against gender violence.