REPRESENTATION AS A CONDITION OF PROCEDIBILITY IN THE CONTRAVENTION OF BATTERY IN THE LIGHT OF LAW 11.340/2006

Abstract

The present work approaches doctrinal and jurisprudential aspects about the institute of representation as a condition of proceedability regarding the criminal contravention of battery practiced in the scope of domestic and family violence against women. With this study, it was verified whether this specific misdemeanor is subject to unconditional public criminal prosecution (as determined by article 17 of Decree-Law 3688/1941 - Criminal Misdemeanor Law), or whether mediation conditioned public criminal prosecution should be prosecuted to the representation of the offended party (considering the definitions of Law 11.340/2006 – Maria da Penha Law). Throughout the study, bibliographic and jurisprudential research methods were adopted, with emphasis on judgments of superior courts and on specialized doctrine regarding the matter. In terms of result, the main arguments in favor and against the mandatory representation for the processing of the aforementioned battery contravention were listed, reaching the conclusion that the will of the victim, addressee of the Law 11.340/2006, must prevail in any circumstances.