ALGUNAS REFLEXIONES TRAS CUATRO AÑOS DE APLICACIÓN DE LA LO 1/2004 DE VIOLENCIA DE GÉNERO: PROPUESTAS DE LEGE FERENDA

Abstract

Gender violence has been a problem for many years refused and located within the private sphere and family. Once realized by our representatives, the next step was to take the political decisions necessary to eradicate the problem through the instruments of a society governed by the principles of freedom, justice and security. This is the result of the adoption of the LO 1 / 2004 of Integral Protection against Gender Violence and LO 3 / 2007 on equality between men and women who have marked a new understanding of both concepts, equality and gender. Both are treated in a gender-specific law.
The present work focuses on the application of the LO 1 / 2004 and aims to reflect on those aspects thrown by the court case that prevent a full and safe application of this rule, distortions resulting from anomie, and lag contradiction between the existing criminal procedural law, dated from nineteenth century, and the modern philosophy that imbues the regulation to which we come on. In that sense, I propose a correct understanding of the procedural law from the perspective that is being driven by the science of victimology, and this requires a revision of certain aspects related to the implementation of this new legislation on gender.