THE MARIA DA PENHA LAW IN THE PROTECTION OF MALE VICTIMS OF DOMESTIC VIOLENCE: A JURISPRUDENTIAL STUDY IN LIGHT OF THE CONSTITUTIONAL PRINCIPLE OF EQUALITY

Abstract

This article sought to analyze the possibility and limits of applying the protective measures provided by Law No. 11,340/2006 to male victims of domestic violence perpetrated by women, in light of constitutional equality. Qualitative bibliographic, documentary, and jurisprudential research was conducted as a narrative review of legislation, academic publications, and judicial decisions, with a primary timeframe from 2006 to September 2026. The thematic analysis addressed the purpose of the law, male vulnerability, the limits of analogy, and alternative legal instruments. The findings showed that the Maria da Penha Law establishes specific protection against gender-based violence directed at women and does not generally or automatically apply to men assaulted by women. The judicial sources examined presented different solutions: exceptional protection through analogy and the use of precautionary measures under the Brazilian Code of Criminal Procedure. The study concluded that male victims are entitled to protection, requiring individual risk assessment and legally appropriate measures. Analogy does not authorize the creation of crimes, increased penalties, or the automatic extension of special criminal consequences.