Maria da Penha Law, Cycle of Violence, and Conditional Suspension of Criminal Proceedings: Insights from Practice in the Federal District

Abstract

This study seeks to highlight the importance of the daily experience of public prosecutors in shaping policies to address domestic violence, as well as in the development of doctrine and case law on the subject; it defends the constitutionality and an interpretation of Article 41 of the Maria da Penha Law that takes into account the cycle of violence and the resulting need to implement mechanisms for monitoring this cycle; one such mechanism is the conditional suspension of criminal proceedings, which serves as a strategy to facilitate the victim’s cooperation in initiating criminal prosecution, prevent limitation periods from running, enable individualized case management, promote greater efficiency in holding the offender accountable, and allow the imposition of additional conditions deemed necessary to address the situation of violence, thereby expanding and facilitating the victim’s access to justice.