Acesso à justiça, medidas protetivas de urgência e os limites do modelo reativo na Lei Maria da Penha

This article, from a critical-feminist intersectional perspective and grounded in Rita Laura Segato's theory on gender violence and coloniality, analyzes the application and effectiveness of emergency protective measures (EPMs) provided for in the Maria da Penha Law (Law No. 11,340/2006). Articulating recent empirical data from the CNJ's Panel on Violence against Women (2025) and the results of the CNJ's 2022 national survey, it argues that, despite institutional advances and increased access to formal justice, EPMs still operate within the limits of a predominantly reactive system. This system, marked by standardized responses and monitoring difficulties, fails to articulate preventive and intersectoral public policies, exacerbating the inequalities experienced by racialized women and imposing additional constraints in the search for state solutions. It is concluded that the effectiveness of protective measures does not depend solely on their swift granting, but requires a profound transformation of institutional practices and the symbolic bases that underpin gender violence, as well as overcoming the merely punitive logic to confront the patriarchal and colonial roots, which manifest themselves in a racialized way.

Authors

Publication Details

Journal
Revista Latino-Americana de Criminologia
Published
2026-10-28
DOI
https://doi.org/10.26512/2764-1619.2026.v6.n2.e61266
Primary Topic
Gender, Violence, Rights in Latin America
Type
article
Field-Weighted Citation Impact
0.00
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article

Acesso à justiça, medidas protetivas de urgência e os limites do modelo reativo na Lei Maria da Penha

Adriana Ramos de Mello
Revista Latino-Americana de Criminologia
Gender, Violence, Rights in Latin America
article

Acesso à justiça, medidas protetivas de urgência e os limites do modelo reativo na Lei Maria da Penha

Adriana Ramos de Mello
article en

Abstract

This article, from a critical-feminist intersectional perspective and grounded in Rita Laura Segato's theory on gender violence and coloniality, analyzes the application and effectiveness of emergency protective measures (EPMs) provided for in the Maria da Penha Law (Law No. 11,340/2006). Articulating recent empirical data from the CNJ's Panel on Violence against Women (2025) and the results of the CNJ's 2022 national survey, it argues that, despite institutional advances and increased access to formal justice, EPMs still operate within the limits of a predominantly reactive system. This system, marked by standardized responses and monitoring difficulties, fails to articulate preventive and intersectoral public policies, exacerbating the inequalities experienced by racialized women and imposing additional constraints in the search for state solutions. It is concluded that the effectiveness of protective measures does not depend solely on their swift granting, but requires a profound transformation of institutional practices and the symbolic bases that underpin gender violence, as well as overcoming the merely punitive logic to confront the patriarchal and colonial roots, which manifest themselves in a racialized way.

Revista Latino-Americana de CriminologiaVol. 6(2)
Openalex Percentile: Top 5%
Gender, Violence, Rights in Latin America
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