A aplicação da Lei Maria da Penha no tribunal do júri: perspectivas e desafios

Abstract

This article analyzes the challenges in applying the Maria da Penha Law and the legal norms addressing femicide within the Brazilian Jury Court system. It acknowledges the structural limitations of the Jury in handling gender-based crimes, often marked by discriminatory discourse, stereotypes, and rhetorical strategies that revictimize women. Based on bibliographic research and a deductive methodological approach, it examines recent legislative changes, particularly the enactment of Law n. 14.994/2024 (Anti-Femicide Package) and the role of the Federal Supreme Court in overcoming the defense of honor thesis and reviewing jury verdicts when contrary to evidence. The study discusses the need for ethical conduct by legal professionals and active judicial oversight during trials. The main objective is to assess the compatibility between jury sovereignty and constitutional principles such as equality, human dignity, and comprehensive protection of women, proposing institutional measures to strengthen gender-sensitive criminal justice. We concluded that even with the importance of the legislative and jurisprudential advances int the women’s defense, it’s effectivity still in progress.