THE (IN)EFFECTIVENESS OF THE MARIA DA PENHA LAW IN COMBATING FEMICIDE IN BRAZIL

Abstract

This study aims to analyze the (in)effectiveness of Law No. 11,340, known as the Maria da Penha Law, which aims to combat femicide in Brazil, taking into account challenges in the structure and social institutions that hinder its application. It starts from the understanding that gender violence is historically structural, marking unequal relations between men and women and manifesting itself continuously in our contemporary society. The general objective of this analysis is to examine how the Maria da Penha Law can prevent and reduce cases of femicide in Brazil, through the application of urgent protective measures, the structure of the network that offers services to women who are victims of violence, and the crucial role of state action in confronting domestic and family violence. The methodology used is qualitative, bibliographic, and documentary, employing a deductive method, analyzing legislation, doctrine, jurisprudence, and real and official data related to gender violence in Brazil. The results achieved demonstrate that the Maria da Penha Law, although representing an important advance in the legal and institutional field in the protection of women's rights, still faces many significant limitations in its effectiveness. These limitations stem from insufficient integrated public policies, the structural precariousness of protection networks, regional inequalities in the provision of services focused on this specialization, and significant difficulties in its monitoring network regarding protective measures. It is also observed that most cases of femicide in Brazil occur after a history of domestic violence, highlighting failures in the state's preventive capacity. It is concluded that addressing femicide is not merely a mechanism of repression, but rather requires public policies that promote preventive actions and strengthen structural transformations in social relations that perpetuate gender inequality. Thus, such effectiveness must be achieved through integrated action between the judiciary, public security, social assistance, and other bodies that are part of the women's protection network.