El Principio de mínima intervención penal en la presunción y tratamiento Jurídico de la violencia intrafamiliar

Abstract

This thesis for the qualification of specialist in criminal procedural law, entitled the principle of minimum criminal intervention in the presumption and legal treatment of intrafamily violence, was developed applying the scientific method that allowed the analysis of the objective manifestations of the problem through the argumentation and demonstration using observation procedures, analysis, synthesis, to verify the hypothetical assumptions raised.

It was shown that psychological violence is treated as a crime and severely sanctioned by our legislation, without the application of alternatives to the criminal trial being allowed, constituting a procedural obstacle to the application of the principle of opportunity and minimum criminal intervention, exerting intimidation through of threat of application of severe penalties as a mechanism to reduce the commission of acts of violence against women and members of the nuclear family; what makes it necessary to reform the Comprehensive Penal Code, aimed at reducing the punitive power exerted by the State in the treatment of psychological violence against women and members of the family.