Lei Maria da Penha (Lei 11,340/2006)
The Lei Maria da Penha (Law No. 11,340 of 2006) is Brazil’s comprehensive domestic violence law, named after Maria da Penha Maia Fernandes, a pharmacist whose case of domestic violence was not adequately prosecuted for nearly 20 years. The law establishes an integrated policy for prevention and punishment of domestic and family violence against women, covering physical, psychological, sexual, patrimonial, and moral violence. It creates specialized domestic violence courts (Juizados de Violência Doméstica e Familiar) and provides for protective measures including removal of the aggressor from the home.
Legal area: Gender and the law addresses legal protections against gender-based violence and discrimination.
Year enacted: 2006
Full text: https://www.planalto.gov.br/ccivil_03/leis/Lei/L11340.htm
Key Provisions
- Art. 5: Definition of domestic and family violence against women
- Art. 7: Forms of violence (physical, psychological, sexual, patrimonial, moral)
- Art. 12-24: Protective measures (medidas protetivas de urgência)
- Art. 33: Jurisdiction of specialized domestic violence courts
- Art. 38: Specialized courts (Juizados de Violência Doméstica e Familiar)
- Art. 41: Mandatory criminal prosecution (ação penal pública incondicionada)
- Art. 44-45: Alternative sanctions and penalties
- Art. 8-11: Multi-disciplinary approach (health, social assistance, legal aid)
Significance
The Maria da Penha Law is considered one of the most advanced domestic violence laws in the world. Named after a landmark Inter-American Commission on Human Rights case (Maria da Penha v. Brazil, 2001), the law has significantly increased the prosecution of domestic violence cases. The specialized courts have improved case resolution rates. The law has been credited with reducing domestic violence in Brazil but criticized for under-resourcing of the specialized courts and shelters.