The Concept of Gender-Based Violence for the Application of the Maria da Penha Law (Law 11.340/2006)

Abstract

This research analyzes the lack of a concrete definition of gender-based violence within the Brazilian legal system. The study's objective is to examine the concept of gender-based violence for the application of the Maria da Penha Law (Law 11.340/2006), as gender equality is a fundamental right enshrined in the Brazilian Constitution. The research techniques used in this study include doctrinal, legal, and jurisprudential analysis, and the monographic method was employed. The research was primarily bibliographic and documentary. Initially, an interdisciplinary investigation will be conducted to explore how different doctrines approach the concept of gender-based violence and, consequently, the concept of gender itself. Subsequently, a study of the rulings by the Superior Court of Justice on this topic will be undertaken to understand how this court addresses the issue. From this analysis, it becomes clear that gender is distinct from biological sex; it is not an inherent trait but rather a social and cultural construct that assigns roles and expectations to individuals based on their birth sex. Gender-based violence arises when a group of people establishes a hierarchy between genders, favoring one over the other. Ultimately, the study highlights the need for a broader analysis of such cases, taking into account the social construction surrounding the issue and its historical context.