The Supreme Court (STF) decided on February 21, 2025, to broaden the scope of the Maria da Penha Law to include male and transgender homoafective couples.
This recognition marks a significant step in safeguarding against domestic violence, highlighting a lack of laws protecting the LGBTQIA+ community.
Our team has put together a thorough summary to prevent you from missing out.
What is the decision made by the Supreme Court?
The Supreme Court ruled that the Maria da Penha Act can also cover cases of domestic violence within male same-sex couples and transgender individuals.
The goal of the measure is to fill a legal loophole and guarantee effective protection for these groups, as long as a relationship of subordination between the victim and the perpetrator is present.
The rapporteur stated that Minister Alexandre de Moraes:
The lack of a standard that includes male same-sex couples and transgender individuals under the protection of the Maria da Penha Law has led to the denial of their essential rights, particularly due to inadequate protection under the principle of proportionality.
The Supreme Court’s ruling emphasizes that protection from domestic violence should extend to all individuals in vulnerable situations within the family, not just pregnant women.
It is crucial to highlight that the ministers Cristiano Zanin, André Mendonça, and Edson Fachin made the following statement:
Emergency protective measures provided by the Maria da Penha Act are applicable, but criminal penalties targeting women as victims should be eliminated in the absence of specific legislation.
Understand the Mandate Injunction (MI) 7452
The case began with the Injunction Mandate (MI) 7452, supported by the Brazilian Association of HomoTransAffective Families (ABRAFH).
The lack of legal protection for men who are victims of domestic violence based on their sexual orientation or gender identity was argued to be unconstitutional and a violation of human dignity by the organization.
This gap creates a legal void that hinders access to protective measures established in the Maria da Penha Law.
What is the reason for this decision?
Minister Alexandre de Morais, serving as the rapporteur, views the National Congress’ failure to enact legislation for the protection of gay, bisexual, transsexual, and intersexual individuals as an unconstitutional neglect.
The court recognized that safeguarding against domestic violence is a basic entitlement, and the lack of a particular law should not hinder victims from seeking justice.
The State is responsible for safeguarding citizens in vulnerable situations and fostering a healthy domestic environment for all types of families.
This interpretation seeks to address a legislative gap that has long neglected a significant group of citizens in need of proper assistance.
What are the consequences of this comprehension?
The Supreme Court’s decision signifies significant progress in safeguarding human rights.
- Expands opportunities for LGBTQIA+ individuals who have experienced domestic violence to seek justice.
- Ensures that protective measures under the Maria da Penha Law are applied to male same-sex relationships.
- The term ‘woman’ as used in the law is applicable to individuals of the female gender.
- Strengthens the government’s responsibility to safeguard individuals in vulnerable situations.
- It encourages the National Congress to develop particular laws regarding the topic.
This ruling is a significant step forward in advocating for the LGBTQIA+ community’s rights and could be a foundation for upcoming public policies focusing on combating domestic violence.
Another advancement in the battle against domestic violence
Extending the Maria da Penha Law to include male, trans, and trans-vestite homoafective couples represents a notable advancement in promoting inclusive justice.
The Supreme Court’s decision not only addresses a lack of legislation but also confirms Brazil’s dedication to upholding human rights, dignity, and equality.
References:
STF expands protection of Maria da Penha Law to male same-sex couples, transgender individuals, and travestis.
The website address for the specific legal process is: https://portal.stf.jus.br/processes/detail.asp?incident=6714998
