Gender-based violence and the limits of the normative legal protection system

Abstract

Background: As a result of violence 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 forms of violence 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 fulfil its purpose? Objectives: 1. to reveal that the patriarchal model of society is one of the factors that contribute to the perpetration of violence against women; 2. to establish a comparison between the legal framework for the protection of women and the data from 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 development of public policies and measures to protect women 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 enormous obstacles in activating 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.