Damages resulting from the effects of malicious denunciation under Law 11.340/2006

Abstract

This article provides an in-depth analysis of the legal, social, and psychological damages caused by false accusations under the Maria da Penha Law (Law No. 11.340/2006), emphasizing their impact on the justice system, public institutions, and individuals who are unfairly accused. The research adopts a qualitative, descriptive, and bibliographic approach, grounded in contemporary legal doctrine, statutory provisions, and recent jurisprudence, in order to understand the misuse of this important legal instrument. It examines how the inappropriate application of the law may distort its originais protective purpose, generating legal uncertainty, procedural overload, and social distrust in its effectiveness. The findings demonstrate that, although false accusations represent a small portion of the total cases, their consequences are significant, resulting in moral, material, psychological, and emotional damages that are difficult to reverse. The study concludes that strengthening investigative mechanisms, providing continuous training for public agents, and ensuring strict adherence to criminal law principles are essential measures to preserve the legitimacy and credibility of the Maria da Penha Law, promoting balance between protection, justice, and accountability.