Suspensa Decisão Que Admitiu Regra De Juizados Especiais Em Crime De Violência Doméstica

O ministro Luís Roberto Barroso, do Supremo Tribunal Federal (STF), deferiu pedido de liminar na Reclamação (RCL) 17460 para suspender a eficácia de decisão do Tribunal de Justiça do Rio de Janeiro (TJ-RJ) que considerou aplicável a crime cometido com violência doméstica contra a mulher, nos termos da Lei Maria da Penha (Lei 11.340/2006), o benefício da suspensão condicional do processo, previsto na Lei 9.099/1995 (Lei dos Juizados Especiais).

A reclamação foi ajuizada pelo Ministério Público do Rio de Janeiro contra acórdão do TJ-RJ que declarou nula sentença condenatória proferida no âmbito do Juizado da Violência Doméstica e Familiar contra a Mulher da Comarca de Casimiro de Abreu, por crime lesão corporal, previsto no artigo 129, parágrafo 9º, do Código Penal. Após recurso da defesa, por unanimidade, o TJ-RJ anulou a sentença sob o argumento de que, mesmo em caso de violência doméstica, o réu teria direito a receber proposta de suspensão condicional do processo (artigo 89 da Lei 9.099/1995).

O entendimento da corte estadual foi o de que o não oferecimento de proposta de suspensão condicional do processo, mesmo nos casos de violência doméstica previstos na Lei Maria da Penha, acarretaria nulidade insanável da condenação. O TJ-RJ considerou que a vedação de aplicação dos benefícios desta lei aplica-se apenas aos dispositivos do procedimento sumaríssimo, próprio dos juizados especiais criminais, ao passo que a suspensão condicional do processo deveria incidir sobre todos os procedimentos.

No STF, o Ministério Público fluminense argumenta que a decisão do TJ-RJ teria se baseado em uma premissa equivocada: a de que o reconhecimento da constitucionalidade do artigo 41 da Lei Maria da Penha não impediria a aplicação do princípio previsto no artigo 89 da Lei dos Juizados Especiais.

Em análise preliminar do caso, o ministro observou que a decisão questionada está em desacordo o entendimento do STF que, ao julgar a Ação Declaratória de Constitucionalidade (ADC) 19, validou o artigo 41 da Lei Maria da Penha, que veda a aplicação da Lei 9.099/1995 nos casos de violência doméstica.

O ministro Barroso destacou que, conforme decidido pelo Supremo, a norma especial seria decorrente da incidência do princípio de proteção insuficiente dos direitos fundamentais, assegurando às mulheres agredidas o acesso efetivo à justiça. Citou, ainda, precedente da Corte (Habeas Corpus 110113) em que se indeferiu pedido para que fosse aplicado a crime de violência contra a mulher o benefício previsto na Lei dos Juizados Especiais.

“Uma das conclusões que se pode extrair da constitucionalidade da vedação da aplicação da Lei 9.099/1995 seria a não admissão do benefício da suspensão condicional do processo”, assentou o relator.

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