A CONSTITUCIONALIDADE DA LEGÍTIMA DEFESA ANTECIPADA NOS CASOS DE VIOLÊNCIA DOMÉSTICA DA ACUSADA FEMININA.

Abstract

The general objective of this article is to analyze whether, in case of failure by the State to protect victims of domestic violence, they justify the legitimate advance defense of women. Countless women are constant victims of domestic violence, and not even the State has been able to guarantee them the protection that such victims are entitled to, and in many cases act in self-defense against their aggressor, killing them. Such theme has as specific objectives: to describe the concepts of domestic violence; specify the types of violence against women; register the relevance of the Maria da Penha Law; and, evaluate the institute of self-defense and its requirements. The methodological procedures used in this research were the deductive approach method, with documentary approach technique, with bibliographic research method, being qualitative research characterized by an explanatory study. The results showed that the legislation supports self-defense when there is no other alternative, requiring the requirements that legitimize such a crime. It is concluded that many women live under the oppression of their executioner who constantly causes them pain, with the most diverse types of violence perpetrated against them, and at the moment when they perceive themselves as at imminent risk of another aggression, this victim who already carries the consequences of violence act in their self-defense.