THE EFFECTIVENESS OF EMERGENCY PROTECTIVE MEASURES UNDER THE MARIA DA PENHA LAW IN THE CONTEXT OF DOMESTIC AND FAMILY VIOLENCE AGAINST WOMEN

Abstract

The issue of domestic and family violence against women constitutes a manifestation of gender inequality rooted in a deeply patriarchal society, which not only affects physical and psychological integrity but also violates the victim's fundamental and constitutional human rights. Thus, the general objective of this article is to analyze the practical effectiveness of the urgent protective measures of the Maria da Penha Law in the context of domestic and family violence against women in the municipality of Manaus, since these represent the greatest barrier of protection between the victim and the perpetrator. The research is based on a comprehensive and up-to-date literature review, consulting Brazilian legal doctrine, scientific articles, and relevant jurisprudence. The methodology employed follows a historical and deductive procedure, addressing a historical analysis to understand the evolution of the Maria da Penha Law and the innovations in the Brazilian legal system, especially regarding urgent protective measures. The article starts from the hypothesis that structural deficiencies in the Judiciary and operational barriers in police and public security agencies, as well as the mismatch and lack of coordination of local response networks, compromise the effectiveness of protective measures. This study observed that the zero femicide rate applies to women who, in addition to requesting urgent protective measures, are integrated into the active monitoring of the Maria da Penha Patrol in the capital. Finally, it is concluded that the effectiveness of urgent protective measures largely depends on the monitoring and proper implementation of the rule, where patrolling programs and active follow-up are vital, but depend on structural strengthening and a harmonious coordination among protection networks.