THE PROTECTION OF WOMEN IN SITUATIONS OF DOMESTIC VIOLENCE IN BRAZIL: ADVANCES AND CHALLENGES OF THE MARIA DA PENHA LAW

Abstract

This article aims to analyze the normative and institutional advances promoted by Law No. 11,340/2006 (Maria da Penha Law) in protecting women in situations of domestic and family violence in Brazil, as well as the main challenges that still compromise its practical effectiveness nearly twenty years after its enactment. This is a bibliographic and documentary study, of a qualitative, descriptive and exploratory nature, based on specialized legal literature, legislation and official statistical data published by bodies such as the Brazilian Public Security Forum. The results show that the Maria da Penha Law, originating from the emblematic case of Maria da Penha Maia Fernandes before the Inter-American Commission on Human Rights, consolidated one of the most advanced legal frameworks in the world to address gender violence, having been substantially expanded by recent laws that classified femicide as an autonomous and heinous crime and expanded electronic monitoring of aggressors. However, 2025 and 2026 data reveal record femicide rates in the country, resulting from factors such as underreporting, territorial inequality in access to the protection network, and failures in the enforcement of protective orders. It is concluded that the effectiveness of the law depends not only on normative improvement but, above all, on the territorial reach and continuous investment in public policies for the prevention and protection of women.