GENDER VIOLENCE AND THE LIMITS OF THENORMATIVE LEGAL PROTECTION SYSTEM

Resumo

Background: As a result of the violence practiced against
women, a legal and regulatory framework has been created at
international and national level to protect them. In Brazil, Law
11.347/06, known as the Maria da Penha Law, identifies the
types of violence and establishes mechanisms to prevent and
curb it. The classification of the forms of violence practiced
against women described in this law has been improved, for
example by establishing a correlation between psychological
violence and property violence. Identifying the forms of violence
allows us to understand the relationship between violence and
the effects it has on women's health. Problem: To what extent
has the protection system created by the Brazilian state to
prevent and curb gender-based violence been able to achieve its
purpose? Objectives: to reveal that the patriarchal model of
society is one of the factors that contribute to the perpetration of
violence against women; to establish a comparison between the
legal framework for the protection of women and the Brazilian
reality. Method: This is an exploratory, qualitative study based
on an analysis of scientific articles, doctrine, documents and data
compiled by research institutes. Results: The evolution of
women's protection under both international and national
legislation has stimulated the construction of public policies and
measures to protect women who are victims of violence. This
normative framework is important, however, it is clear that data
from the Brazilian reality still reveals that there are high rates of
violence against women. Conclusions: Gender-based violence
is a consequence of patriarchy and also has negative effects on
women's psychological health. Despite legislative progress,
women who suffer domestic violence encounter huge obstacles
in accessing the protection mechanisms created by the Brazilian
state, due to the strong historical, social and cultural roots of
patriarchy, which are revealed in the alarming statistics on
gender violence