Challenges of the Maria da Penha Law: analyzing the ineffectiveness of protective measures

Abstract

This study address violence against women in the context of its historical origin, denomination, typologies, and causes. It also sought to highlight urgent protective measures and their ineffectiveness in relation to law enforcement. Violence against women was examined in a general context, listing everything from the origin of gender differentiation to advances in the perspective of rights inserted for the protection of women established by Law No. 11,340/2006. Law No. 14,550/2023 brought significant modifications to the Maria da Penha Law, with emphasis on strengthening urgent protective measures. This new law established that urgent protective measures must be granted more quickly and effectively, prioritizing the immediate protection of the victim. The law also expanded the concept of domestic and family violence, including new forms of aggression, such as psychological and patrimonial violence, and provides for harsher penalties for aggressors and more effective mechanisms to ensure compliance with protective measures. It indicates specific measures to protect women in vulnerable situations, such as the elderly, pregnant women, women with disabilities, and those living on the streets. In addition to Law No. 14,550/2023, other laws and court decisions have contributed to strengthening the Maria da Penha Law, such as the inclusion of psychological violence as a crime, the creation of mechanisms to monitor victims, and the expansion of the victim support network. It is essential that the changes to the Maria da Penha Law be widely publicized, especially in educational institutions, such as schools and universities. By informing about women's rights and the protection mechanisms available, we contribute to the prevention of domestic and family violence and to the construction of a more just and egalitarian society. In addition, the bibliographic research indicated the gaps in emergency protective measures and possible ways to try to reduce this problem.