ANALYSIS OF THE EFFECTIVENESS OF PROTECTIVE MEASURES UNDER LAW 11,340/2006 IN THE CURRENT DIGITAL CONTEXT: Challenges in protecting victims Desafios na proteção das vítimas

Abstract

This paper aims to analyse aspects of the current effectiveness of the protective measures provided for in Law 11.340/06 (Maria da Penha Law) in the face of the current technological scenario. In the current scenario, many Brazilians spend most of their day connected in this environment, including victims and aggressors involved in cases governed by the Maria da Penha Law. As a result, many victims are left helpless in this scenario without any possibility of assistance or monitoring for the fulfilment of the measures. In this way, we used an exploratory-descriptive methodology and a bibliographical review based on various doctrines and case law, with the aim of demonstrating in a well-founded way how the internet can be an effective means of continuing the cycle of violence. To summarise, it was possible to note that Art. 22, III, point ‘b’ of the aforementioned law provides for the prohibition of contact with the victim, her family and witnesses by any means of communication; however, the breach of this protective measure is just as common as the removal from the home and the setting of a minimum distance limit between these parties. It is therefore necessary to explore these new ways of improving current legislation in the face of the forms of violence presented in contemporary society.