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Brazil Supreme Court expands Maria da Penha Law protections
Brazil’s Federal Supreme Court (STF) has unanimously ruled to expand the scope of the Maria da Penha Law, extending protective measures to all forms of gender-based violence against women. Previously, the 2006 statute was restricted to domestic, family, or intimate partner contexts. The new ruling establishes that protection applies regardless of the setting, including community, professional, institutional, social, or political environments.
As part of this expansion, the court determined that the law must be applied during elections to combat gender-based political violence against candidates. In such cases, the Electoral Justice system will be responsible for granting protective measures. The decision carries general repercussion, meaning it is a binding precedent that must be followed by the entire Brazilian judiciary.
The ruling originated from a case in Minas Gerais where a woman was denied protection after being threatened by a neighbor, as the court had previously deemed there was no intimate relationship between them. The STF emphasized that the defining factor for these measures is the gender-based motivation of the violence, rather than the specific relationship or location of the incident.
Entities
Brazil · Cármen Lúcia · Edson Fachin · Flávio Dino · Lei Maria da Penha · Maria da Penha · Maria da Penha Law · Minas Gerais · Ministério Público de Minas Gerais · Supreme Federal Court · Supremo Tribunal Federal
Claims
What the coverage asserts, and how many sources carry each claim.
- [● 25 SOURCES] The law will apply to combat gender-based political violence against candidates during elections. www.gazetaderiopreto.com.br · www.gazetaweb.com · racismoambiental.net.br · www.acessa.com · gazetamt.com.br · +16 more
- [● 26 SOURCES] Minister Edson Fachin stated that protection is not restricted to emotional bonds but covers any interaction where violence is based on gender. www.gazetaderiopreto.com.br · oantagonista.com.br · racismoambiental.net.br · www.acessa.com · fatopaulista.com.br · +16 more
- [● 18 SOURCES] The ruling originated from a case in Minas Gerais involving a woman threatened by a neighbor. www.gazetaderiopreto.com.br · oantagonista.com.br · www.spacemoney.com.br · www.acessa.com · fatopaulista.com.br · +10 more
- [● 20 SOURCES] Judges can analyze requests for urgent protective measures even if they do not work in specialized domestic violence courts. cbn.globo.com · www.spacemoney.com.br · www.amodireito.com.br · www.alagoas24horas.com.br · tribunadepetropolis.com.br · +11 more
- [● 33 SOURCES] The STF unanimously decided to expand the application of Maria da Penha Law protective measures to all forms of gender-based violence against women. www.gazetaderiopreto.com.br · cbn.globo.com · www.gazetaweb.com · oantagonista.com.br · www.spacemoney.com.br · +21 more
- [● 26 SOURCES] The Electoral Justice system will be responsible for deciding on the granting of protective measures in cases of political violence. www.gazetaderiopreto.com.br · www.spacemoney.com.br · racismoambiental.net.br · www.acessa.com · gazetamt.com.br · +16 more
- [● 33 SOURCES] Protective measures can now be applied even if there is no domestic, family, or intimate relationship between the victim and the aggressor. www.gazetaderiopreto.com.br · cbn.globo.com · www.gazetaweb.com · oantagonista.com.br · www.spacemoney.com.br · +21 more
- [● 26 SOURCES] The decision has general repercussion, meaning it must be followed by the entire Brazilian judiciary in similar cases. cbn.globo.com · www.gazetaweb.com · www.mixvale.com.br · www.amodireito.com.br · tribunadepetropolis.com.br · +16 more