Changes to the Maria da Penha Law

Emergency protective measures in favor of the victim against a potential aggressor may be ordered by the police authority, without the need for review by the judiciary, and may also be in force for an indefinite period of time.

This is what the amendment brought in by Law no. 14.550/2023 says, which provides for a so-called pre-cautionary phase in the application of emergency protective measures, maintaining the criminal precautionary nature of the measures provided for in items I, II and III of art. 22 of Law no. 11.340/2006.

This conclusion came from the case in secret, Justice Joel Ilan Paciornik, Fifth Panel, unanimously, judged on September 5, 2023, which did not make any changes to the criminal precautionary nature of the protective measures provided for in art. 22, items I, II and III, of Law n. 11.340/2006, but broadened the understanding when it provided that this possibility would be a pre-cautionary phase.



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