MARIA DA PENHA LAW: FROM HISTORICAL CONTEXT TO THE PRESENT DAY

Abstract

This paper analyzes the Maria da Penha Law (Law No. 11,340/2006), highlighting its historical context, legal foundations, and importance in combating domestic and family violence against women. The creation of the law was motivated by the case of Maria da Penha Maia Fernandes, a victim of two attempted femicides committed by her husband in 1983. After years of impunity, the case reached the Inter-American Commission on Human Rights, which condemned Brazil for negligence, prompting the creation of specific legislation to protect women victims of violence. The law represents a milestone in confronting gender violence by recognizing different forms of aggression—physical, psychological, sexual, patrimonial, and moral—and by establishing mechanisms to protect victims, such as emergency protective measures, which can determine the removal of the aggressor and prevent any type of contact with the victim. In addition, the legislation removed domestic violence crimes from the list of minor offenses, reinforcing the accountability of the aggressor. Legislative updates are also discussed, such as the classification of femicide and the criminalization of psychological violence. It is concluded that the Maria da Penha Law represents an important instrument for protecting women's human rights in Brazil, contributing to giving visibility to domestic violence and strengthening the accountability of aggressors. However, its effectiveness depends on public policies, social education, and cultural changes that combat structural sexism and promote a more just and egalitarian society.