MARIA DA PENHA LAW AND DATING RELATIONSHIPS BASED ON THE JUDGMENTS OF THE RIO GRANDE DO SUL COURT OF JUSTICE

Abstract

It is from the possibility of applying Maria da Penha Law in any intimate
relationship of affection that separates gender violence from domestic
and/or marital violence, and may also be used in cases related to dating. This
article starts by explaining the love models, which allow the understanding of
love as a social construction, and not just as a feeling, to move on to the study
of gender violence in the context of dating relationships. Next, we analyze the innovations
brought by the Maria da Penha Law and its possibilities of application
in order to curb and punish gender violence, and then describe the results of the
research conducted in Rio Grande do Sul Court of Justice. It is concluded that,
although the protection of women in cases of violence in the context of dating
relationships is present in these decisions, the speeches of magistrates bring relevant
nuances, which demonstrate, on one hand, a difficulty with the management. of the concept of gender and, on the other, the insertion of nonexistent
requirements in Maria da Penha Law so that the violence practiced is recognized
as gender violence.