A EFICÁCIA DAS MEDIDAS PROTETIVAS E O DESCRÉDITO DA LEI MARIA DA PENHA NO CONTEXTO SOCIOJURÍDICO BRASILEIRO

Abstract

This study aims to analyze the legal aspects and effectiveness of protective measures for women as provided for in the Maria da Penha Law (Law No. 11,340, of August 7, 2006). Methodologically, the research was conducted using a qualitative approach. This method was chosen because it allows for closer contact with the subject under investigation, providing an in-depth perspective on the social phenomena involved. Based on this, a bibliographic review was used as the research tool. Violence against women is not a recent problem but a historical reality, deeply rooted in society. The sexual division of labor was the starting point for female subjugation, relegating women to domestic roles and creating a gender hierarchy. This hierarchy manifested in different aspects of society, such as the devaluation of female labor and the difficulty of accessing intellectual spaces. In Brazil, this violence is alarming, placing the country 5th in the world ranking. Thus, it was observed that despite the existence of laws like the Maria da Penha Law, they have flaws. The legislation fails to fully achieve its effectiveness due to the silencing of victims and the lack of applicability of the term femicide in some cases. Furthermore, violence is exacerbated for Black women and those from lower social classes, who face even more barriers to accessing legal protection and support.