ABSTRACT
The Maria da Penha Law, after being changed into hardcore criminal action, makes the process against the offender a State initiative, independent of the will of the woman who suffered aggression. Analysed from critical hermeneutical method and psyschoanalysis, we support that such change creates an un-accountability of the subject facing his/her masochism and supports an ideological bending which treats the woman as childish and passive, transforming a historical-libidinal situation into a natural situation.. We conclude defending the hypothesis of such change in the law being pernicious to the objective of creating social and libidinal conditions for the woman to take responsibility for herself, acknowledging the unconscious factors involved in the aggression situation.
Keywords:
masochism; activity-passivity; responsibility; criminal law; Maria da Penha law