How Law no. 11.340 came about
The Maria da Penha Law is the result of the persistence of a woman victim of domestic violence to have her aggressor duly convicted. Maria da Penha Maia Fernandes is a pharmacist and biochemist who graduated from the Federal University of Ceará in 1966. She married Marco Antonio, a Colombian man that used to be a kind and friendly husband. After obtaining Brazilian citizenship, he changed his behavior completely revealing himself to be an explosive, intolerant and violent person.
In 1983, Maria da Penha was victim of a double feminicide attempt by her then partner. In the first one Marco Antonio shot her in the back with a rifle while she was sleeping, event that left her paraplegic for the rest of her life. As soon as she returned home, Marco Antonio did his second attempt of feminicide, by trying to electrocute her in the shower.
Tired of living in fear inside her own home, Maria da Penha decided to denounce the attacks that she had been suffering from her husband. Thirteen years since the crime and after two trials, Marco Antonio was sentenced to 10 years and 6 months in prison. Nevertheless, with allegations of procedural irregularities by the prosecution, Marco Antonio went free.
In 2001, the pharmacist decided to seek support from international authorities to obtain justice, then the Inter-American Commission on Human Rights held the Brazilian State responsible for negligence, omission, and tolerance of domestic violence against Brazilian women.Â
Since Maria da Penha’s case was not an isolated event in Brazilian society, the lack of legal support for the victims became evident. Then, in 2002, a mobilization began for the creation of a bill to combat domestic and familiar violence against women.
Thus, in 2006, the then president Luiz Inácio Lula da Silva sanctioned Law no. 11.340, known as Maria da Penha Law, in honor of the woman who became a symbol of resistance against domestic aggression.
The importance of this Law
According to the Brazilian National Council of Justice, the main innovation achieved by this Law was the typification of domestic violence as a crime. Besides bringing the obligation of a properly police investigation for all these cases, it guarantees the victims the right to be heard, a fact that was not so recurrent, since women have always had their narratives silenced and doubted, just for being women.
The Maria da Penha Law also changes the Brazilian Penal Code to allow the judge to order the preventive detention of the aggressor when there is a suspicion of risks to the woman’s physical, moral, psychological, sexual, and property integrity.
To help victims of violence, the government has created a call center exclusively for cases of aggression against women. Through the number 180, reports can be made anonymously by both the victim and any citizen who knows or saw a woman in a vulnerable situation.
As a consequence of Maria da Penha Law, the Brazilian Women’s House was created. It is a big shelter for women and families who have nowhere to go because they financially depend on the aggressors for own sustenance. Therefore, the Brazilian Women’s House ensure social responsibility for the victims, which many times have this dependence as the biggest obstacle to denounce their aggressors.
It is important to emphasize that for the law to be applied, the victim must be or identify yourself with the female gender, which includes transsexual women. As for the aggressor, it doesn’t necessarily have to be the husband: any figure with family ties with the victim who offers risks can be included in Maria da Penha Law, such as uncle, father, mother, son, etc.
Despite the success of Maria da Penha Law, the numbers of domestic violence are still alarming in Brazil. According to data surveyed by the Brazilian Public Safety Forum (FBSP), the cases of domestic violence have grown about 22% during the pandemic and the country registers a feminicide every seven hours.
The importance of Maria da Penha Law for the reality of countless Brazilian women is indispensable. Therefore, if you are a victim of domestic violence or know a woman who is being held hostage by an aggressor, do not be afraid. Denounce it.
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The article above was edited by Nicole Leslie.
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