THE APPLICATION OF THE MARIA DA PEN PENHA LAW IN LGBTQIAPN+ RELATIONSHIPS: LIMITS AND POSSIBILITIES IN THE CONTEXT OF RECIFE

Abstract

Domestic violence is a complex and multifaceted social phenomenon that transcends barriers of class, race, gender, and sexual orientation, reflecting deeply rooted structural inequalities in Brazilian society. It constitutes a direct manifestation of unequal power relations, which perpetuate the subordination of certain social groups and reinforce patterns of control and oppression (SAFFIOTI, 2004). In Brazil, the enactment of the Maria da Penha Law (Law No. 11,340/2006) was a historical milestone in combating gender-based violence, establishing robust legal mechanisms for the protection of victims and the accountability of perpetrators. Recognized by the UN as one of the most advanced legislations in combating violence against women, the law consolidated protective measures and preventive actions to curb this form of violence (PIOVESAN, 2014).

However, despite the advances brought about by this law, its conception and implementation have focused primarily on cisgender women in heteronormative contexts. This largely excludes other vulnerable groups, such as the LGBTQIAP+ population, whose experiences of domestic violence often manifest in specific and often invisible ways. According to Moura et al. (2023), the gaps in the application of the law in LGBTQIA+ relationships reflect structural LGBTQIAPN+phobia, which is associated with violence and discrimination often initiated in the domestic and intrafamily environment.

These forms of violence are aggravated by the absence of a legal approach that recognizes the specificities of the dynamics of violence in same-sex relationships. According to Torres Júnior (2019), legal protection for LGBTQIAP+ victims of domestic violence still faces significant challenges, since the legal system is largely built on heteronormative models. This limitation can result in the exclusion or inadequate application of existing laws, which reinforces the invisibility of the demands of LGBTQIAPN+ individuals in situations of domestic violence.

The concept of LGBTQIAPN+ encompasses a diversity of sexual and gender identities and orientations that deviate from the cisgender and heterosexual norm, including lesbians, gays, bisexuals, transgender people, queer people, intersex people, asexual people, pansexual people, and other expressions represented by the "+" symbol. In addition to describing identity aspects, the term also has a strong political and social character, serving as a banner of struggle against the structural discrimination that has historically marginalized these populations (COLL-PLANAS, 2010). The LGBTQIAPN+ population faces unique challenges in the context of domestic violence, ranging from invisibility in official data to institutional discrimination in protection services and the justice system. This exclusion reinforces barriers that hinder access to justice and the implementation of inclusive public policies (Cerqueira et al., 2019).

LGBTQIAP+ relationships present power and control dynamics that can differ substantially from heterosexual relationships. These dynamics involve manifestations of physical, psychological, sexual, and financial violence, demanding a specific and sensitive approach to the needs of this group (CALTON; CATTANEO; GEBHARD, 2016). However, as Figueiredo et al. (2017) point out, jurisprudence and protection services often disregard or minimize these specificities, resulting in underreporting of cases and the absence of effective actions. Many LGBTQIAP+ victims face additional difficulties, such as the fear of revealing their sexual orientation or gender identity, due to the fear of social and family stigmatization.

In Recife, these issues are exacerbated by the absence of specific public policies and the exclusion of LGBTQIAP+ people from available support networks (SANTOS, 2021). The application of the Maria da Penha Law to LGBTQIAPN+ relationships is still limited and little explored by jurisprudence, although progressive judicial decisions have broadened its interpretation to include trans women and, in some cases, same-sex relationships (STJ, 2022).

More recently, the Supreme Federal Court decided in 2025 to expressly extend the protection of the Maria da Penha Law to same-sex male couples, as well as to transvestites and transsexuals, consolidating a more inclusive and comprehensive understanding (STF, 2025). However, the absence of an explicit legal framework that contemplates the diversity of family and relational arrangements in Brazil still prevents this protection from being effective and universal. This legal limitation, associated with the structural prejudices present in the justice system, contributes to the marginalization of LGBTQIAPN+ people in accessing legal protection (BARSTED, 1994).

Therefore, there is an urgent need for legal and sociological analyses on the applicability of the Maria da Penha Law in LGBTQIAPN+ contexts. These analyses can shed light on existing gaps and propose solutions to expand the inclusion and effectiveness of the law, promoting a more equitable and comprehensive approach to domestic violence.

The intersectional perspective, which recognizes the overlapping of oppressions based on gender, sexual orientation, race, and class, is essential to fully understand the complexity of experiences of violence lived by LGBTQIAPN+ people in Brazil (CRENSHAW, 1989). In Recife, a contextualized analysis of these issues can offer valuable insights for the development of more inclusive public policies and for promoting changes in the legal system.

The analysis of the application of the Maria da Penha Law in LGBTQIAPN+ relationships transcends the legal field by addressing fundamental issues of human rights and social equity. The objective is to ensure that all people, regardless of their sexual orientation or gender identity, have full access to protection against domestic violence, in accordance with the principles of equality and human dignity enshrined in the 1988 Federal Constitution.

This approach requires a critical review of judicial practices and public policies, historically shaped from a heteronormative perspective, which often neglect the specificities of LGBTQIAPN+ populations. According to Torres Júnior (2019), the structure of the Brazilian legal system, by not considering the particular dynamics of same-sex relationships, perpetuates the exclusion of this population, hindering full access to the rights and protection provided by law. This review is fundamental to building a more inclusive and effective justice system, capable of meeting the specific demands of LGBTQIAPN+ victims and guaranteeing equity in addressing domestic violence.

Recife, the capital of Pernambuco, has a significant history of mobilization around human rights issues, including feminist and LGBTQIAPN+ movements. The city presents a favorable political and social context for analyzing how public policies and judicial actions can be inclusive in addressing domestic violence. In addition, local programs, such as those developed by the Pernambuco Women's Secretariat, stand out in promoting educational campaigns and strengthening the network of protection against gender-based violence. However, the absence of initiatives that explicitly consider the needs of LGBTQIAPN+ couples exposes gaps that perpetuate the invisibility of these populations in strategies to combat violence (CERQUEIRA et al., 2019).

This scenario reinforces the importance of research that analyzes the alignment between legal practices and international human rights frameworks, such as those established by the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (CONVENTION OF BELÉM DO PARÁ, 1994). The inclusion of the LGBTQIAPN+ population in this debate is not only a matter of justice but also a reaffirmation of the need for the legal system and public policies to guarantee equitable protection for all people, regardless of their conformity with normative standards of gender and sexuality (SANTOS, 2021).

In this context, this dissertation is structured into six main chapters. Following this introduction, Section 2 presents a literature review on the main theoretical and legal frameworks related to domestic violence, the Maria da Penha Law, and the LGBTQIAPN+ population, with an emphasis on debates about intersectionality, sexual citizenship, and institutional exclusion.

Section 3 discusses the methodological aspects of the research, detailing the procedures used for documentary and jurisprudential analysis, as well as the qualitative approach adopted. Section 4 provides a critical analysis of current legislation and national jurisprudence, focusing on decisions of the Superior Court of Justice (STJ) and the Court of Justice of Pernambuco (TJPE) regarding the application of the Maria da Penha Law to LGBTQIAPN+ individuals. Section 5 then explores the local context of Recife, examining the existing network of public policies and its capacity to address the specific needs of the LGBTQIAPN+ population experiencing domestic violence. Finally, Section 6 presents the research conclusions, systematizing the main findings and proposing recommendations for public policies and institutional actions aimed at building a more inclusive, equitable, and human rights-oriented protection system.

1.1 GENERAL OBJECTIVE

The general objective of this research is to evaluate the applicability and effectiveness of the Maria da Penha Law in protecting LGBTQIAPN+ individuals in Recife, focusing on domestic violence in affective-sexual relationships. Although this law was designed to address gender-based violence against cisgender women, its interpretation and application in contexts involving LGBTQIAPN+ populations are still subjects of debate and face significant barriers. This study seeks to explore in depth how this legislation can be used to protect LGBTQIAPN+ individuals who face situations of domestic violence in the city of Recife, examining its limitations and possibilities. 1.2 SPECIFIC OBJECTIVES

To achieve this general objective, one of the specific objectives is to examine the scope of the Maria da Penha Law in light of judicial decisions involving LGBTQIAPN+ relationships. This analysis will allow us to identify how the courts have interpreted and applied the law in cases of domestic violence involving same-sex couples, transgender people, and other gender identities. The focus will be on judicial decisions that establish precedents or reflect institutional resistance in recognizing legal protection for LGBTQIAPN+ individuals, contributing to the discussion on the jurisprudential evolution necessary to fully encompass the specificities of this group.

Another specific objective is to evaluate public policies and protection services offered to LGBTQIAPN+ individuals in Recife. The city, although having a relevant history of mobilization in human rights, still presents significant gaps in addressing the specific demands of the LGBTQIAPN+ population in situations of domestic violence. The existence of programs aimed at this public will be analyzed, as well as the effectiveness of initiatives such as support networks, educational campaigns, and training of justice and public security professionals. The study seeks to understand to what extent these policies and services recognize and address the particularities of LGBTQIAPN+ relationships.

Finally, the study aims to identify the challenges and gaps in the application of the Maria da Penha Law in LGBTQIAPN+ relationships, considering cultural, legal, and social aspects. This includes the analysis of structural prejudices that hinder access to justice, the lack of technical preparation of legal professionals, and the cultural barriers that contribute to the invisibility of these populations in protection systems. In addition, issues such as institutional resistance in adapting legislation to the realities of these populations and the consequences of this exclusion for their vulnerability will be explored. Based on these challenges, the research aims to propose pathways for a more inclusive and effective legal and public policy system.

1.3 JUSTIFICATION

This study is justified by attempting to fill a significant gap in the legal and social literature by examining the application of the Maria da Penha Law to LGBTQIAPN+ populations. Although the law represents a milestone in combating domestic violence, its conception and application remain largely centered on a heteronormative paradigm, without considering the specificities of LGBTQIAPN+ relationships. Thus, the research offers a critical analysis that articulates the perspectives of law, intersectionality, and public policies, recognizing how the overlaps of oppressions—based on gender, sexual orientation, and gender identity—shape the experiences of violence and exclusion faced by this population (CRENSHAW, 1989; SANTOS, 2021). The contribution of this study goes beyond theoretical analysis, as it also presents practical recommendations for strengthening support and protection networks in the city. The city, with its history of social mobilization around human rights, offers fertile ground for the discussion and implementation of inclusive policies. However, the absence of specific initiatives aimed at the LGBTQIAPN+ population highlights the need for strategies that promote their effective inclusion in systems of protection against domestic violence. This work, therefore, seeks not only to identify existing institutional and cultural barriers but also to propose viable ways to overcome them, such as training professionals, developing public policies sensitive to diversity, and expanding access to justice.

In doing so, the research not only contributes to the advancement of academic knowledge but also to the creation of a more inclusive and equitable framework of legal and social protection. Thus, by proposing a reinterpretation of the Maria da Penha Law that considers the realities of LGBTQIAPN+ populations, this study reaffirms the commitment to the principles of equality and human dignity, which are fundamental to the construction of a democratic and inclusive society. According to Torres Júnior (2019), the review of legal norms from an inclusive perspective is indispensable so that the specificities of same-sex relationships and the experiences of violence faced by the LGBTQIAPN+ population are duly recognized. Complementing this analysis, Cerqueira et al. (2019) emphasize that the formulation of public policies based on intersectionality and equity can contribute to overcoming the structural barriers that perpetuate the exclusion of these groups, promoting justice and effective protection.