O USO INDEVIDO DA LEI MARIA DA PENHA E A MÁ-FÉ EM CASOS DE DENUNCIAÇÃO CALUNIOSA

Abstract

This study analyzes the misuse of the Maria da Penha Law (Law No. 11.340/2006) in the Brazilian legal system, focusing on procedural bad faith and false accusations. Although the law is an essential milestone in the protection of women, the research points out that its strategic use for personal revenge or advantages in custody disputes compromises legal security. Through bibliographic and jurisprudential analysis of the Supreme Federal Court (STF) and the Superior Court of Justice (STJ), it was evidenced that unfounded claims overburden the Judiciary and harm the credibility of real victims. This misuse violates principles such as the adversarial system and the right to a full defense, pillars of the Democratic Rule of Law. It concludes that the early identification of fraud and the rigorous application of Article 339 of the Penal Code are vital to preserving the effectiveness of the law. It is imperative that the State balance the comprehensive protection of women with the fight against abuse of rights, guaranteeing due process and human dignity. Thus, it is ensured that this important legal institution strictly fulfills its sociais role without room for procedural injustices against third parties.