THE EFFECTIVENESS OF PROTECTIVE MEASURES UNDER THE MARIA DA PENHA LAW IN PREVENTING FEMICIDE: AN ANALYSIS OF IMPLEMENTATION AND ENFORCEMENT FAILURES
DOI:
https://doi.org/10.51891/rease.v11i12.23075Keywords:
Domestic and family violence. Protective measures. Non-compliance with measures. Maria da Penha Law. Femicide. Effectiveness of the Law.Abstract
This study analyzes the effectiveness of the emergency protective measures provided for in the Maria da Penha Law in preventing femicide in Brazil, highlighting legal advances and persistent failures in implementation and oversight. The research, based on bibliographic and documentary review, shows that, although the legislation represents a legal milestone in addressing domestic violence, its practical application is limited by structural problems, such as the absence of electronic monitoring, scarcity of resources, judicial delays, and lack of coordination between the bodies responsible for the protection network. The data reveal a high rate of non-compliance with protective measures and the occurrence of femicides even after their granting, demonstrating that the state response is still insufficient to contain the escalation of violence, especially in rural and peripheral contexts and among Black and Indigenous women. It is concluded that the effectiveness of the measures depends on the integration between the Judiciary, public security, and social assistance, in addition to investments in public policies, professional training, and cultural transformation that confronts the patriarchal roots of gender violence.
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Atribuição CC BY