REPARATIVE MARRIAGE: AN ANALYSIS OF THE “MARIA DANIELA” CASE AND WOMEN'S RIGHTS

Abstract

This article critically examines how women and their bodies are culturally perceived in Brazilian society, using as a reference the legal concept — now abolished from the Penal Code — known as "reparative marriage." By analyzing the widely publicized 2024 case of violence suffered by Maria Daniela, a young girl from the state of Alagoas, and its legal and social repercussions, the article demonstrates that, although this legal mechanism no longer exists, the underlying cultural practices persist. These practices reflect a patriarchal mindset that objectifies women and subjects them to gender-based violence by treating them as property. The notion of "resolving" sexual violence through marriage between the victim and the perpetrator reveals the endurance of archaic values that strip dignity from the female body and reduce it to the status of a "thing." Brazilian criminal law, international treaties ratified by Brazil, and the jurisprudence of the country’s highest courts clearly establish the illegality and unconstitutionality of such practices, which violate the principles of human dignity and the full protection of female children, adolescents, and adults. Nevertheless, society — still shaped by the legacy of repealed laws — continues to think and act as if they were still in force. The article argues that while legal reform is essential, cultural change is equally necessary to ensure the effective protection of women's rights.