DOMESTIC VIOLENCE AGAINST WOMEN IN THE BRAZILIAN LEGAL SYSTEM

Abstract

To begin this analysis, it is fundamental to understand the context of constitutional and legal protection afforded to women in situations of violence in Brazil, using as a normative framework the 1988 Constitution of the Federative Republic of Brazil, which enshrines the dignity of the human person and equality between men and women as fundamental principles of the democratic rule of law. Within this context, the enactment of the Maria da Penha Law (Law No. 11.340/2006) stands out, considered one of the main legal instruments aimed at confronting domestic and family violence against women. This legislation was influenced by international commitments undertaken by Brazil, especially the Belém do Pará Convention, which recognizes violence against women as a violation of human rights and imposes on States the duty to prevent, punish, and eradicate such practices. Based on this legal framework, it becomes necessary to discuss how these normative provisions have contributed to the protection of women victims of domestic violence and to the State's role in guaranteeing their fundamental rights. In this context, the analysis will be developed based on three main axes: Legal protection of women in situations of domestic violence – analysis of the mechanisms provided for in the Maria da Penha Law, especially the urgent protective measures and the instruments for prevention and assistance to victims, aimed at guaranteeing their physical, psychological and moral integrity; Institutional action and public policies to combat violence – examination of the State's role in implementing public policies, prevention programs and specialized services for women victims of violence, seeking to ensure effective protection and access to justice; Accountability of the aggressor and effectiveness of legal protection – discussion about the application of criminal and procedural rules aimed at holding aggressors accountable, as well as the interpretation consolidated by the jurisprudence of the Supreme Federal Court and the Superior Court of Justice in addressing domestic violence. Finally, the aim is to present clearly and objectively the impacts of these legal provisions on the protection of women, analyzing the challenges faced for the effective application of existing rules and reflecting on the role of the State and society in building more effective mechanisms for preventing and combating domestic violence.