The Maria da Penha Law (Law No. 11.340/2006) was introduced in Brazil in August 2006 with the aim of reducing domestic violence against women. The strategy implemented has three components: 1) Improvements in the criminal justice system to reduce and punish domestic violence; 2) Implementation of support measures to assist women at risk; and 3) Promotion of public campaigns to change social norms.
The reform introduced by the Maria da Penha Law presents a set of innovative public policies aimed at:
1) Avoiding the possibility of applying pecuniary penalties in case of domestic violence against women;
2) Creating special domestic violence courts or, in districts without such courts, assigning those cases to criminal courts and giving them priority over other cases;
3) Promoting specialization and integration of criminal justice system agencies to deal with domestic violence cases;
4) Introducing emergency protection orders, such as pretrial detention of the offender and court orders to ensure their removal from the home and physical separation (restraining order);
5) Encouraging the creation of legal agencies to assist women at risk, such as women’s police stations, homes (shelters), and centers for legal, psychological, and health assistance. The law also provides vulnerable women with the possibility of legal protection against dismissal and judicially determines access to social welfare benefits;
6) Promoting campaigns, research, and educational programs on gender-based violence, which is classified as a human rights violation.
Legal changes were introduced in Brazil in 2006 at the national level, but supplementary institutions and assistance centers were implemented gradually.