Habeas Corpus 106.212

This case refers to a writ filed by the accused in order to not apply to his case Article 41 of Law 11.340/ 2006 (Maria da Penha Act). Article 41 states that the domestic crimes committed against women cannot be tried by the procedural rite of 9.099/1995 (Small Courts Act), which regulates the trial of petty offenses. The accused argued that his conduct did not fit into Article 41, and that applying this article would be unconstitutional for giving special treatment to women. The Supreme Court of Brazil denied the order and declared Article 41 constitutional. They found that the Constitution gave the legislator freedom to define which crimes will be considered petty offenses. The Court decided that the domestic crimes against women imply greater complexity because they are crimes against the family institution, for which the Constitution has established special protection.



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