THE LOSS OF THE AGGRESSOR'S ASSETS AS A FORM OF PATRIMONIAL PROTECTION FOR THE WOMAN VICTIM OF DOMESTIC VIOLENCE

Abstract

This article analyzes the legal implications of the application of the total or majority patrimonial loss of the aggressor as a form of protection for women who are victims of domestic and family violence. Based on the analysis of Bills No. 5,498/2023 and No. 5,958/2023, it is proposed to examine the constitutionality, proportionality, and effectiveness of this measure, which seeks to revert the assets acquired during the union to the victimized spouse, regardless of the property regime adopted. The research adopts the deductive method, with a qualitative approach and bibliographic and documentary foundation. The study is based on the recognition of property violence as a form of domestic violence, whose impact goes beyond material damage, generating dependence and economic vulnerability. The legislative proposal aims not only to penalize the aggressor, but also to repair the damage caused and guarantee means of survival and autonomy to the victim. We conclude that the loss of assets can be considered a legitimate measure, provided that the constitutional principles of due process, full defense and presumption of innocence are observed. By linking the penalty to the final and unappealable judgment of the criminal conviction, the proposed rule preserves legal certainty and promotes restorative justice. Finally, the importance of structural public policies that ensure the effective application of protective measures is highlighted, with special attention to the patrimonial reality of women victims.