The Applicability of Maria da Penha Law From a Feminist Reading and Criticism of Human Rights

• Main Authors: Paulo Cesar Correa Borges, Marcela Dias Barbosa
• Format: Article
• Language: Portuguese
• Published: Conselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI) 2015-12-01
• Series: Revista de Direitos Humanos e Efetividade
• Subjects: Lei maria da penha, Feminismo, Movimentos sociais, Direitos humanos das mulheres
• Online Access: http://www.indexlaw.org/index.php/revistadhe/article/view/116

This paper aims to reflect on the face of domestic and family violence in Brazil from the Maria da Penha Law or Law 11.340 / 2006 and its application in a context dominated structurally and symbolically by patriarchy . Despite the existence of common laws that recognize the human rights of women exists the impediment produced by androcentrism in law and social institutions. Therefore, it is necessary to go beyond the production standards and achieve the desired socio- cultural awareness on gender and human rights , in all areas of social,so that the law to combat domestic offenses has effectiveness in the daily lives of all women Brazilian. The construction of an egalitarian and horizontal social body exceeds the strictly formal barriers and reach the popular struggles and feminist movements that demand a culture of freedom, autonomy and dignity for all men and women alike.