The appellate jurisdiction in Law no. 11.340/06 and gender violence in an interpretation in accordance with the reasonable duration of proceedings and the principle of equality

Abstract

This essay aims to seek a constitutional interpretation of the appellate jurisdiction system in Law 11.340/06, known as the Maria da Penha Law. Its importance lies in resolving the problem of successive negative conflicts of jurisdiction raised in recent years before the Superior Courts of Justice, which have only perpetuated the lengthening of proceedings, compromised effective judicial protection, exacerbated existing inequality between men and women in a society still burdened with patriarchal vestiges, and, above all, fostered a sense of impunity for the aggressor, caused by the expiration of the statute of limitations for prosecution, given the ineffectiveness and unpreparedness of the State to deal with the nuances of the still-developing concept of "gender violence."