THE EFFECTIVENESS OF THE PROTECTIVE MEASURES PROVIDED FOR IN THE MARIA DA PENHA LEI AND THE ARTICULATION WITH PUBLIC POLICIES TO CONFRONT GENDER VIOLENCE IN BRAZIL

Abstract

The objective of this study is to examine the effectiveness of emergency protective measures, as provided for in Law No. 11,340/2006, aiming to highlight the main obstacles to their implementation and to propose methods to enhance their application in concrete cases. The relevance of this analysis lies in the impact of their enforcement—or lack thereof—on the lives of victims, particularly in light of the persistent nature of violence against women, which constitutes a serious social and public health issue in Brazil. The study considers the Maria da Penha Law as a remarkable legal advancement, as it has contributed to the establishment of multiple mechanisms for the protection of women, especially emergency safeguards. However, it is evident that the effectiveness of these measures has been undermined by weak oversight mechanisms and the absence of comprehensive governmental public policies. In this context, a cross-sectoral approach becomes essential—one that integrates the areas of social assistance, education, public security, and health—in order to ensure the effective eradication of gender-based violence. This article also provides a historical overview, detailing the motivations behind and the evolution of public policies aimed at protecting women in Brazil, such as the establishment of Specialized Women’s Police Stations (Delegacias Especializadas de Atendimento à Mulher – DEAMs), as well as the advances and limitations of the current legal framework. The study concludes that, despite the progress achieved and the continued efforts in combating gender-based violence, it is imperative to strengthen existing policies, develop new strategies, promote protective networks, and foster ongoing societal engagement to build a safe, fair, and equal environment for women.