Dignity of the human person vs. law 11.340/06

The domestic violence is a criminal modality, dealt with by law 11340/2006 – Maria da Penha Law. An evil inserted in the family environment, requiring stateintervention in order to combat it. It is necessary to analyze whether the treatment given to perpetrators and victims of domestic violence has respected constitutional principles and fundamental rights, or whether the legal instrument has been used only as a political form of compensation for women, after a history of patriarchal society. Analyzing the applicability of that law, it is clear that mainly men, but in general, all the authors of the various violence described in it, have suffered a certain legal prejudice in the face of the unconstitutionalities present in the Maria da Penha law. Men, as victims, are disregarded by the instrument that should protect domestic relationships as a whole, while perpetrators, regardless of sex, see their rights curtailed, being penalized without even having the chance to present a defense. It is expected that the State will perceive the difference in treatment in this type of criminal modality and that, despite the necessary rigor, it will start to ensure that everyone has the rights provided for in the Constitution of the Federative Republic of 1988 to victims and perpetrators of domestic violence, regardless of of sex.