Maria da Penha Law advances, yet crimes against women continue to rise

Eighteen years ago today, then-President Luiz Inácio Lula da Silva signed the Maria da Penha Law, which established protective measures against violence toward women. Named in honor of Ceará biopharmacist Maria da Penha Maia Fernandes, who survived two attempted murders by her husband in 1983 and later became an activist against gender-based violence, the law was a significant step forward. Despite this, advances in legislation have not stopped the increasing incidence of feminicide, assault, and abuse against women.

The law introduces emergency protective measures designed to disrupt the cycle of violence against women and prevent further instances of domestic abuse, including physical, moral, psychological, sexual, or property-related harm. Prior to the enactment of this legislation, such forms of violence were often classified as lesser offenses.

Marisa Sanematsu, Content Director at the Patrícia Galvão Institute—a Brazilian feminist organization focused on defending women's rights—highlights that many women have been assaulted and murdered due to the previous leniency towards such crimes. They were unpunished or subject to light penalties, such as the payment of fines and food parcels, softened by arguments such as the legitimate defense of men's honor.

“Aggressions against women were treated as a minor issue, a private matter to be resolved between four walls. When the courts were called in, domestic violence was equated with a fight between neighbors to be settled with a fine or a basic food basket,” noted Marisa Sanematsu.

The Minister for Women, Cida Gonçalves, asserts that the law has made significant contributions to Brazilian society. “It clearly defines various types of crimes, including physical, psychological, property-related, moral, and sexual violence, and it structures the Brazilian state to ensure comprehensive support for women,” she told Agência Brasil.

As part of the celebrations for the anniversary of the Maria da Penha Law, the federal government established Lilac August as a month dedicated to raising awareness and combating violence against women in Brazil.

The law was named in honor of biopharmacist Maria da Penha Maia Fernandes, who survived two attempted murders by her husband in 1983 - José Cruz/Agência Brasil

Advances

Experts highlight several key innovations introduced by the Maria da Penha Law, including emergency protective measures such as removing the aggressor from the home or cohabitation space, imposing distance requirements between the aggressor and the victim, monitoring the accused with electronic ankle bracelets, and suspending the aggressor's right to possess weapons.

Additionally, the law introduced stricter measures to address violence against women and mandated the creation of essential public services to enforce these provisions. These include specialized women’s police stations, shelters, multidisciplinary reference centers, and dedicated courts with both civil and criminal jurisdiction for handling domestic and family violence cases.

Lisandra Arantes, a lawyer specializing in women's rights and a member of the Maria da Penha Law Monitoring Consortium, views the law as a significant advancement in Brazilian legislation for the protection of women in Brazilian society. She highlights that it is the first to acknowledge violence as driven by misogyny, hatred of women, and gender-related issues.

“The Maria da Penha Law represents a major advance in protecting women from violence. However, this progress doesn't mean we've solved all the issues; there is still much work to be done,” Arantes noted.

Figures

However, legislative advances have not stopped the increase in violence against women. According to the National Council of Justice, Brazilian courts received 640,867 cases of domestic and family violence and/or femicide in 2022.

Data from the most recent Brazilian Public Security Yearbook indicate that all categories of crimes involving female victims rose in 2023 compared to 2022. This includes homicide, femicide (both attempted and completed), domestic violence assaults, threats, stalking, psychological violence, and rape.

Last year, there was a 9.8 percent increase in assaults against women, with a total of 258,941 reported cases. The number of women who experienced threats rose by 16.5 percent, reaching 778,921 cases, while incidents of psychological violence surged by 33.8 percent, totaling 38,507.

The yearbook data, sourced from police reports compiled by the Brazilian Public Security Forum (FBSP), reveals that between 2015 and 2023, at least 10,655 women fell victim to femicide in Brazil, as reported in another survey by the forum.

According to the yearbook, femicides rose by 1.4 percent in 2023 compared to the previous year, totaling 1,463 cases, which averages to more than four women killed each day. This represents the highest annual figure recorded since the FBSP began tracking such data in 2015. That year, a new law was enacted, classifying femicide as an aggravating factor in homicide cases and categorizing it among heinous crimes.

The director of the Patrícia Galvão Institute advocates for more decisive measures. “The alarming increase in assaults and femicides underscores the urgent need for a zero-tolerance pact against domestic violence,” asserts Marisa Sanematsu.

“Each femicide represents a preventable fatality if the state and society come together to confront and denounce all forms of violence against women,” Sanematsu added.