Brazil Supreme Court: Maria da Penha Law Protective Orders Expanded

• The Maria da Penha Law turns 20 this week, marking a significant milestone in Brazil's fight against domestic violence.
• The Supreme Court is considering whether protective orders can be issued in cases of gender-based violence outside domestic relationships.
• A recent case before the Supreme Court involves a woman who sought a protective order against a man she accused of stalking her, despite never having been in a domestic relationship with him.
• The Maria da Penha Law has been instrumental in preventing violence, supporting victims, and holding offenders accountable since its enactment in 2006.

The commission's findings increased pressure for legislative reform, leading to the creation of the Maria da Penha Law.

This week marks the 20th anniversary of the Maria da Penha Law, a landmark legislation that has been instrumental in combating domestic violence in Brazil. Enacted on August 7, 2006, the law was named after Maria da Penha Maia Fernandes, a Brazilian pharmacist who suffered severe physical and emotional abuse at the hands of her husband. Her case drew international attention, prompting human rights organizations to bring it before the Inter-American Commission on Human Rights in 2001. The commission's findings led to reforms in Brazil's laws protecting women from domestic violence. Since its enactment, the Maria da Penha Law has been a crucial tool for preventing violence, supporting victims, and holding offenders accountable.

The Supreme Court is currently considering whether protective orders under the Maria da Penha Law can be issued in cases of gender-based violence outside domestic, family, or intimate relationships. This development has significant implications for companies operating in Brazil and advising clients on gender-based violence cases. A recent case before the Supreme Court involves a woman who sought a protective order against a man she accused of stalking her, despite never having been in a domestic relationship with him. The state court initially denied her request, but the Supreme Court agreed to hear the appeal.

The Maria da Penha Law was the result of years of activism and advocacy by feminist organizations in Brazil. Leila Linhares Barsted, a lawyer and member of the coalition that drafted the proposal, noted that Brazil had previously trivialized domestic violence, with men accused of killing their partners often being acquitted under the 'defense of honor.' The Supreme Court declared this defense unconstitutional in 2021, marking a significant shift in the country's approach to domestic violence. Barsted emphasized that more than 70% of cases before special criminal courts involved domestic violence, highlighting the need for comprehensive legislation.

Lawyers and compliance officers should watch for the potential expansion of protective orders under the Maria da Penha Law, which could have implications for companies operating in Brazil or advising clients on gender-based violence cases.

Source: Original reporting via CN