The ineffectiveness of the Maria da Penha Law from the adoption of the crime of feminicide:

The ineffectiveness of the Maria da Penha Law from the adoption of the crime of feminicide:

the withdrawal of Brazilian law on gender violence

Rafaela Barros Cardoso de Souza1

ABSTRACT

The study analyzes the contributions of the Maria da Penha Law and the Femicide Law to combating violence against

women, assessing whether in recent years there has been the eradication or reduction of domestic violence against cis and

trans women within the family. It understands violence against women as a serious social problem that has devastating

repercussions on the life of the victim, their ancestors, and descendants, despite the aggressor’s sense of impunity. It

seeks to analyze the importance of the Maria da Penha Law in terms of mitigating femicide. It uses as a methodology,

the qualitative study, carrying out a bibliographic review of the articles available in full, in Portuguese, from 2012 to

2021, in the virtual libraries of Scielo and Scholar, in addition to the doctrine and jurisprudence that deal with this topic.

It concludes that the recurrence of aggression, as well as the feeling of impunity, is mainly due to the underreporting of

complaints and the imbalance and disharmonization of the repressive and punitive actions of the aggressor. Quantitative

and qualitative studies are recommended to illustrate the situation of femicide in Brazil, pointing out possible solutions

for dealing with the problem in the civil and criminal spheres.

Keywords: Maria da Penha Law. Femicide. Domestic violence.