Legal protection against domestic violence and gender (in)equality in the Maria da Penha Law

Abstract

The protection of human rights is ensured through various international legal instruments, such as the UN Charter, the Universal Declaration of Human Rights, and international treaties. In this regard, it is essential to highlight the role of the feminist movement, which has fought for social, political, and economic transformations in favor of gender equality. The importance of the 1988 Constitution is also emphasized, as it enshrines in Article 5 the equality of rights and obligations between men and women. Within this context, the present study aims to analyze certain aspects of the Maria da Penha Law (Law No. 11.340/06), named in honor of Maria da Penha Fernandes, a victim of two attempted homicides committed by her ex-husband, which left her paraplegic. This is not an exclusively criminal statute, but rather a multidisciplinary law intended to curb and prevent domestic and family violence against women, establish specialized courts for such cases, and provide assistance measures for victims. The research seeks to reflect on the impact of the legislation in protecting the active subject of the criminal offense, who, according to the law, may be male or female; however, the passive subject (the victim) must be a woman. It will be noted that domestic and family violence against women is characterized as any act or omission based on gender that causes death, injury, physical, sexual, or psychological suffering, among others. The law encompasses various forms of violence, including physical, psychological, sexual, patrimonial, and moral violence. The methodology used was the hypothetical deductive method, with the main research technique being the collection of theoretical references through books, scientific articles, electronic journals, and analysis of Brazilian legislation and case law.