O Julgamento do habeas corpus nº. 333.195/MS pelo Superior Tribunal de Justiça: pode o princípio da bagatela imprópria ser aplicado às infrações penais cometidas no âmbito da Lei nº. 11.340/06 (Lei Maria da Penha), caso ocorra a reconciliação posterior do casal?

Abstract

The work has as its central problem the identification if the principle of improper bagatela can be applied to criminal offenses committed under Law No. 11.340/06, if the subsequent reconciliation of the couple occurs, according to the judgment of HC No. 333.195/MS by the Superior Court of Justice. Therefore, the objective of the article is to analyze whether the reconciliation of the couple would be an authorizing requirement that allows the incidence of this principle or not. Thus, a deductive method was used (starting from a general analysis of the theme, with the study of the Maria da Penha Law to later deal with the judgment of the aforementioned habeas corpus filed by the Public Defender's Office of the state of Mato Grosso do Sul) and the main works of the authors who deal with the theme, such as Luigi Ferrajoli and Roberto Barroso.