DOMESTIC VIOLENCE IN BRAZIL: CHALLENGES TO PUNISHING AGGRESSORS AND THE EFFECTIVENESS OF EMERGENCY PROTECTIVE MEASURES

Abstract

Domestic and family violence against women, despite being widely recognized by the Maria da Penha Law (Law No. 11.340/2006), continues to be marked by high rates of impunity and ineffectiveness of protective measures. The gap between what the law guarantees and what is achieved in practice highlights structural failures in the judicial system, characterized by procedural slowness, a shortage of human and material resources, and a lack of coordination among the agencies responsible for victim protection.This analysis shows that mere regulatory provision does not ensure the effectiveness of legal guarantees, rendering many measures purely symbolic. The absence of adequate monitoring and effective enforcement favors re-offending and reinforces cycles of re-victimization and institutional distrust. Critical reflection, grounded in doctrine and jurisprudence, demonstrates that confronting gender violence requires more than just laws: it demands integrated public policies, continuous professional training, strengthening of the protection network, and a cultural transformation that breaks with still-rooted patriarchal patterns. Only through a State committed to the dignity and security of women is it possible to make the Maria da Penha Law fully effective and restore confidence in the justice system.