The Maria da Penha Act (Law no. 11.340/2006) is a significant law in Brazil aimed at safeguarding women from domestic and family violence.
The rule was created to prevent and penalize violence against women in the home, leading to important legal changes such as the introduction of protective measures, stricter penalties, and broadening the definition of domestic violence.
Lawyers must have a deep understanding of the Maria da Penha Law in order to protect victims’ rights and advise clients effectively.
This article includes:
- What does the Maria da Penha Law entail, along with its historical background?
- The types of domestic violence specified in the legislation.
- What safety precautions can be implemented?
- The lawyer’s role is to protect both the victims and the accused.
Know the origins of International Women’s Day beyond just flowers.
What does the Maria da Penha Law entail?
Law no. 11.340/2006, also called the Maria da Penha Law, was approved on August 7, 2006 to prevent, punish, and eliminate domestic and family violence against women.
The law is named in honor of Maria da Penha Maia Fernandes, who endured domestic violence for over ten years and was left paralyzed after two attempted feminicides by her former spouse.
After years of fighting for fairness, his situation was brought to the attention of the Inter-American Commission on Human Rights, leading to Brazil being held responsible and the requirement for more rigorous actions to address violence against women.
The law introduced significant changes in addressing domestic violence, including the option for immediate protective measures, removing the perpetrator, and making certain behaviors punishable by law.
What forms of violence does the Maria da Penha Law address?
The Maria da Penha Law extends its scope beyond just physical violence and acknowledges different types of domestic and family abuse against women.
According to Article 7 of the legislation, the forms of violence include:
Forms of violence against women within the home and family include, but are not limited to:
Physical violence refers to any behavior that harms your physical well-being or dignity.
Psychological violence is defined as behavior that causes emotional harm, reduces self-esteem, interferes with personal development, seeks to control actions and decisions, and includes threats, embarrassment, manipulation, isolation, surveillance, persecution, insult, blackmail, invasion of privacy, ridicule, exploitation, and restricting freedom.
Sexual violence is defined as any behavior that forces someone to witness, endure, or take part in unwanted sexual activities through intimidation, threats, coercion, or physical force. It may also involve pressuring someone to engage in sexual activities or preventing them from using contraception. Additionally, it can lead to forced marriage, pregnancy, abortion, or involvement in prostitution.
Patrimonial violence refers to any behavior involving the withholding, removal, or damaging of possessions, tools, personal documents, assets, and economic rights or resources, including those necessary for basic needs.
Moral violence is defined as any behavior that involves slander, defamation, or insult.
What protective measures are established in the Maria da Penha Law?
The specific protective actions outlined in the Maria da Penha Act (Law No 11.340/2006) are specified in Articles 22, 23, and 24.
They are categorized into actions that can be taken against the perpetrator and actions that support the victim.
Measures to protect against the attacker (Article 22)
The judge has the authority to decide, including:
- Limiting the possession or size of weapons.
- Removing the victim from their residence, dwelling, or shared living space.
- Prohibiting the victim’s contact, family members, and witnesses by establishing a minimum distance.
- Prohibition of communication with the victim in any form.
- Limitation or cancellation of visits to children.
- Provision of temporary meals in case of financial reliance on the victim or children.
Protective steps for the victim (Article 23)
They might consist of:
- Sending victims and dependents to protection programs or shelters.
- Removal of the victim from the residence without affecting property and childcare rights.
- Provide rental assistance if needed.
Measures concerning property (Article 24)
- Return of property that was taken unlawfully by the attacker.
- The aggressor is not allowed to sell or document items owned by the couple.
- Attorneys appointed by the assailant of the victim are being suspended.
Such measures can be immediately approved by the judge and do not depend on criminal proceedings.
Does the Maria da Penha Law exclusively pertain to marriages?
Article 5 of the Maria da Penha Law ensures protection in all domestic or family relationships.
- Marital relationships can include marriage, long-term partnerships, or dating.
- Violence among family members, such as parents, children, and siblings, is referred to as family relations violence.
- People residing in the same household, irrespective of any familial ties.
- Intimate relationships of affection: Affective bond between the victim and the aggressor is sufficient even without cohabitation.
Legal foundation:
The Maria da Penha Law’s Article 5 defines domestic and family violence against women as any action or inaction based on gender resulting in harm or damage.
Within the household, which refers to the permanent living space of individuals, whether or not they have family ties, and may include occasional residents.
Individuals who are related by blood, marriage, or choice form a family community.
In any close relationship of love, where the abuser resided or used to live with the victim, irrespective of living together.
The personal connections discussed in this article are not determined by sexual preference.
The STJ has acknowledged that the law applies regardless of sexual orientation, meaning that women in same-sex relationships are also protected.
What are the modifications introduced in the latest updates of the Maria da Penha Law?
The Maria da Penha Law has been modified over time to enhance protection for women, with significant updates being made.
- Law 13,827/2019 permits the police to provide temporary protective measures in cases of immediate danger to the victim.
- Law 14.188/2021 establishes the offense of psychological violence against women, punishable by a period of confinement ranging from six months to two years.
- Law 14.550/2023 mandates the automatic provision of protective measures for victims of domestic violence, eliminating the requirement for a formal request.
- In 2025, the STJ ruled that the Maria da Penha Law takes precedence over the Elderly Statute when it comes to violence against elderly women.
The lawyer’s role in advocating for both victims and the accused
The lawyer’s involvement in domestic violence cases is crucial to ensure the rights and safety of everyone affected.
This job involves supporting both the victims and providing guidance to the accused, while always adhering to the legal process and principles of fair defense and due process.
In support of those who have been harmed
The lawyer plays a crucial role in safeguarding the victim, guaranteeing their access to justice and the support needed to end the pattern of violence.
Its primary duties consist of:
- Urgent protective measures are being requested from the Judiciary, including withdrawal from the aggressor, contact restrictions, suspension of access to weapons, and other measures outlined in the Maria da Penha Law.
- Assist in criminal proceedings by supporting the Public Prosecutor in presenting the case against the offender.
- Legal support during delegations and hearings involves assisting the victim with filing reports, providing statements, and attending hearings.
- Civil lawsuits for divorce, child support, spousal support, and compensation for emotional and financial harm resulting from experienced violence.
- Guidelines for social and psychological support aim to assist victims in understanding their rights and accessing specialized services like shelters and counseling programs.
- Explain new laws and rights to help the victim understand legal options and benefits from legislative changes.
In support of the defendant
The attorney can provide guidance and defense for individuals facing accusations of domestic violence, making sure their rights are upheld and they receive a fair trial.
- Analyzing evidence, presenting legal arguments, and providing necessary resources are key components of the technical defense in a criminal case.
- To support the accused during statements and hearings, ensuring that they can defend themselves and offering explanations to the court.
- Request the judge to review or change protective measures if necessary, particularly in cases of reconciliation or lack of demonstrated risk.
- Guidance on adhering to penalties and alternative measures, which includes providing information on penalties related to restricted rights, fulfilling community service obligations, and engaging in reeducation programs.
- Dealing with false accusations involves recognizing inconsistencies in the procedure and taking necessary steps to protect the rights of the accused.
The attorney has a crucial role in defending victims and advising the accused in domestic violence cases.
The performance ensures the fairness of the legal system, safeguarding the rights of those involved and facilitating access to expert legal representation.
The significance of the Maria da Penha Law in supporting and protecting victims
The Maria da Penha Act signifies a significant progress in safeguarding women from domestic and family violence in Brazil.
Its influence can be seen in the increased recognition of victims’ rights, the establishment of support systems, and the stricter accountability for perpetrators.
Lawyers need to thoroughly understand this legislation in order to effectively help victims, advise the accused, and handle criminal and family cases.
Understanding the implementation of the Maria da Penha Law is essential for professionals in Criminal Law, Family Law, and human rights advocacy.
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