The Supreme Court (STF) ruled on February 21, 2025, to expand the scope of the Maria da Penha Law to include male and transgender homoaffective couples.
This recognition marks a significant advancement in safeguarding against domestic violence by acknowledging the lack of legal protection for the LGBTQIA+ community.
Our team has put together a comprehensive summary to assist you and prevent you from being left out.
What is the ruling of the Supreme Court?
The Supreme Court ruled unanimously that the Maria da Penha Act (Law 11.340/2006) applies to cases of domestic violence among male same-sex couples and transgender individuals.
The measure seeks to fill a legal loophole and guarantee effective protection for these groups, as long as there is a clear power imbalance between the victim and the perpetrator.
The rapporteur stated that Minister Alexandre de Moraes:
The lack of a standard that would provide the same protection as the Maria da Penha Law to male same-sex couples and transgender individuals has led to the denial of a crucial right for these groups, particularly due to inadequate protection from the principle of proportionality.
The Supreme Court’s ruling emphasizes that protection from domestic violence should extend beyond pregnant women to all individuals in vulnerable family situations.
The ministers Cristiano Zanin, André Mendonça, and Edson Fachin highlighted the following cautionary note.
Emergency protective measures provided by the Maria da Penha Act are applicable, but criminal penalties targeting women as victims should be abolished in the absence of specific legislation.
Understand the Directive Requirement (MI) 7452
The legal case began with the Injunction Mandate (MI) 7452, supported by the Brazilian Association of HomoTransAffective Families (ABRAFH).
The organization argued that the absence of dedicated legal safeguards for male victims of domestic violence who identify as gay, bisexual, transgender, or intersex is against the constitution and undermines the fundamental value of human dignity.
This legal loophole creates a situation where individuals are unable to access the protective measures outlined in the Maria da Penha Law.
What is the reason for this decision?
Minister Alexandre de Morais, serving as the rapporteur, deemed the National Congress’s failure to enact legislation protecting gay, bisexual, transsexual, and intersexual individuals as an unconstitutional neglect.
The court recognized that safeguarding individuals from domestic violence is a basic entitlement and that the lack of a particular law should not hinder victims from seeking justice.
The State is responsible for safeguarding citizens in vulnerable situations and encouraging the development of healthy family environments.
This explanation seeks to address a legal oversight that has long failed to provide proper assistance to a significant portion of the population.
What are the consequences of this knowledge?
The Supreme Court’s decision represents significant progress in safeguarding human rights by:
- Expands opportunities for LGBTQIA+ individuals affected by domestic violence to seek justice.
- Ensures that protective measures outlined in the Maria da Penha Law are applied to male same-sex relationships.
- The term ‘woman’ as used in the law is applicable to individuals of the female gender and sex.
- Reaffirms the government’s responsibility to safeguard individuals who are vulnerable.
- It encourages the National Congress to establish dedicated laws on the matter.
This ruling is a significant step forward in advocating for the LGBTQIA+ community’s rights and can be a foundation for upcoming government initiatives to address domestic violence.
Another advancement in combating domestic violence
The expansion of the Maria da Penha Law to include male and transgender homoafective couples represents a meaningful advancement towards a more inclusive justice system.
The Supreme Court’s decision corrects a legislative gap and reinforces the Brazilian State’s dedication to human rights, dignity, and equality.
References.
STF expands protection of Maria da Penha Law to male same-sex couples, transvestites, and transgender individuals.
The website address provided is https://portal.stf.jus.br/processes/detail.asp?incident=6714998