The ineff ectiveness of the Maria da Penha Law from the adoption of the crime of feminicide
the withdrawal of Brazilian law on gender violence
DOI:
https://doi.org/10.51473/rcmos.v2i2.418Keywords:
Maria da Penha Law, Femicide, Domestic violenceAbstract
The study analyzes the contributions of the Maria da Penha Law and the Femicide Law to combating violence against women, assessing whether in recent years there has been the eradication or reduction of domestic violence against cis and trans women within the family. It understands violence against women as a serious social problem that has devastating repercussions on the life of the victim, their ancestors, and descendants, despite the aggressor’s sense of impunity. It seeks to analyze the importance of the Maria da Penha Law in terms of mitigating femicide. It uses as a methodology, the qualitative study, carrying out a bibliographic review of the articles available in full, in Portuguese, from 2012 to 2021, in the virtual libraries of Scielo and Scholar, in addition to the doctrine and jurisprudence that deal with this topic. It concludes that the recurrence of aggression, as well as the feeling of impunity, is mainly due to the underreporting of complaints and the imbalance and disharmonization of the repressive and punitive actions of the aggressor. Quantitative and qualitative studies are recommended to illustrate the situation of femicide in Brazil, pointing out possible solutions for dealing with the problem in the civil and criminal spheres.
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