THE CONCEPT OF GENDER-BASED VIOLENCE FOR THE PURPOSES OF APPLYING THE MARIA DA PENHA LAW (LAW 11.340 FROM 2006)

Abstract

This research analyzes the concept of gender-based violence for the application of the Maria da Penha Law (Law 11.340/2006), based on the premise that material equality is essential to justice in a Democratic State of Law. The research used doctrinal, legal, and jurisprudential techniques, with a monographic method. It was predominantly bibliographical and documentary. Initially, interdisciplinary research defines what doctrine means by gender and gender-based violence. Then, case law on the topic is analyzed. The study explores the consequences of both restrictive and expansive interpretations of gender violence. The conclusion highlights that gender is understood as culturally constructed, distinct from biological sex, with common elements like gender hierarchy leading to violence. Therefore, a broader interpretation is essential to ensure more inclusive protection, aligning with justice in the Democratic State of Law.

Keywords: Criminal Law. Maria da Penha Law. Gender-based Violence. Gender.