THE CHALLENGES TO THE EFFECTIVENESS OF THE MARIA DA PENHA LAW IN BRAZIL

Abstract

Domestic and family violence against women represents a serious human rights violation and a persistent challenge for Brazilian society, despite the advances brought about by Law No. 11.340/2006, known as the Maria da Penha Law. This study aimed to analyze the main challenges regarding the effectiveness of this legislation in Brazil, considering the institutional, social, and cultural obstacles that hinder the comprehensive protection of victims. Methodologically, this was a descriptive, qualitative bibliographic study based on the analysis of books, scientific articles, and research concerning gender-based violence, public protection policies, and the application of Brazilian law. The results show that, although the Maria da Penha Law has expanded mechanisms for prevention, assistance, and holding perpetrators accountable, its effectiveness remains compromised by factors such as insufficient public resources, unequal distribution of specialized services, delays in service delivery, difficulties in enforcing protective measures, and the persistence of structural sexism. Furthermore, economic dependence, fear of reprisals, and a lack of social support hinder the reporting of abuse and the breaking of the cycle of violence. The study concludes that the legislation's effectiveness depends on strengthening the protection network, training professionals, expanding public policies, and promoting educational initiatives aimed at gender equality, with the goal of guaranteeing women's safety, dignity, and fundamental rights.