Evolution and effectiveness of the Maria da Penha Law: challenges and perspectives in the fight against domestic violence

Abstract

This article aims to analyze the normative evolution and effectiveness of Law No. 11.340/2006, known as the Maria da Penha Law, in the context of combating domestic and family violence against Brazilian women. The study presents a qualitative nature, with a deductive approach, adopting as methodological procedure the historical-comparative analysis of legislation and public policies, with an exploratory level of depth. Initially, it addresses the scenario prior to the enactment of the aforementioned law, highlighting the normative weakness and the neglect regarding violence against women within the Brazilian legal framework. Furthermore, it examines the political and social construction that resulted in the approval of the Law, emphasizing its main provisions and the consecration of the right to protect women victims of domestic violence. The study shows that, despite institutional legal advances and the strengthening of the normative framework, challenges related to the effective application of the law persist, such as judicial delays, the insufficient structure of victim support services, and the cultural resistance that perpetuates violent practices, constituting a deplorable scenario. As a result, the research concludes that the effectiveness of the Maria da Penha Law involves not only the rigorous application of its provisions but also the promotion of education and public awareness, the training of public agents, and the strengthening of support networks for victims. In this sense, the analysis contributes to the reflection on the importance of legislation as an instrument of social transformation and the protection of women's human rights.