The Maria da Penha Law (Law No. 11,340/2006) is considered one of the greatest legislative advances in combating domestic and family violence against women in Brazil. Created to protect victims and prevent new episodes of violence, it covers not only physical aggression but also psychological, sexual, patrimonial, and moral violence.
In this article, we will present the key points of the Maria da Penha Law, explaining its support measures, the role of the police authorities, urgent protective measures, as well as its legal repercussions — for both victims and offenders.
Support Measures
The Maria da Penha Law establishes several measures to support victims and enable their recovery, such as:
- Inclusion in government assistance programs (such as Minha Casa Minha Vida, Bolsa Família, and others);
- The possibility of being away from work for up to six months while maintaining employment (debated whether covered by Social Security or the employer);
- Referral for legal assistance, including separation, divorce, annulment of marriage, or dissolution of a stable union;
- Referral for healthcare, including pregnancy prevention and treatment of STIs;
- The right to seek compensation for material and moral damages caused by the aggressor.
These measures show that the law is not limited to punishment but also aims to ensure dignity and help rebuild victims’ lives.
The Role of Police Authorities
When filing a police report, the victim must complete the National Risk Assessment Form (FONAR) to identify risk factors and the severity of the situation. At this stage, the victim may also indicate:
- Whether they want a police investigation to be opened;
- Confidentiality of personal data (phone and address);
- Request for urgent protective measures;
- Access to a panic button for immediate police response in case of new threats.
This protocol highlights the importance of specialized and swift assistance from the very first contact.eforça a necessidade de acolhimento especializado e célere desde o primeiro atendimento.
Urgent Protective Measures
Protective measures are among the most well-known aspects of the Maria da Penha Law and can be immediately ordered by a judge. Some of the main ones include:
- Suspension of the aggressor’s firearm license;
- Removal from the home or place of coexistence;
- Prohibition of contact or approaching the victim;
- Restrictions on visits to children or dependents;
- Provisional child support;
- Requirement for the aggressor to attend rehabilitation or psychosocial programs.
These measures are essential to ensure fast and effective protection, especially in situations of imminent risk.
Breach of Protective Measures
Violating protective measures is a crime. In 2024, penalties were significantly increased, from 3 months to 2 years, to 2 to 5 years in prison.
However, there is an inconsistency: the Henry Borel Law (Law No. 14,344/2022), which protects children and adolescents, still provides for a lower penalty (3 months to 2 years).
Furthermore, according to the 5th Panel of the Superior Court of Justice (STJ), if the victim consents to contact with the aggressor, the breach does not constitute a crime, as the conduct is not considered unlawful.
Beyond Criminal Law
The effects of the Maria da Penha Law go beyond criminal matters. For example, granting protective measures can directly impact family law issues, such as the possibility of loss of shared custody in cases of domestic violence, under Article 1,584, §2 of the Civil Code.
Recently, a bill was approved creating the National Registry to Combat Violence Against Vulnerable Groups, centralizing information on individuals convicted of crimes against women, children, and other vulnerable groups.
The Role of Lawyers in Maria da Penha Cases
Lawyers play a crucial role on both sides of the legal process:
- For the victim: ensuring the enforcement of protective measures, assessing the real need for each one, and advising on legal repercussions — especially regarding custody and children’s rights.
- For the accused: requesting the revocation of unnecessary measures, clarifying boundaries of lawful contact, and defending in criminal proceedings, always seeking fair and balanced outcomes.
Proper legal guidance is vital to avoid injustices and to ensure that the law protects victims while respecting constitutional defense rights.
Conclusion: The Importance of the Maria da Penha Law and Access to Justice
The Maria da Penha Law is a milestone in addressing domestic violence in Brazil. More than punishing aggressors, it aims to protect victims, prevent new violence, and offer means for rebuilding lives with dignity.
Its reach, however, goes beyond criminal law — affecting family, labor, and patrimonial rights. This makes the role of lawyers and legal professionals essential, both for victims and for the accused.
If you are a victim of domestic violence, seek immediate support at specialized centers such as the Casa da Mulher Brasileira.
If you have been accused, consult a lawyer to understand your rights and obligations.
In both cases, knowledge of the Maria da Penha Law and qualified legal assistance are fundamental to achieving fair and just decisions.
