Maria da Penha Law: limitation of the punitive response of the State and applicability of restorative justice in the search for the effective resolution of cases of domestic violence against women

Abstract

Certainly, Law No. 11,340/2006 represents a milestone in the protection of women against domestic violence. Despite this, the statistics remain alarming, with a significant increase in the pandemic. This perception fostered the inquiry about the evolution of the penal system in the resolution of this question. Thus, the objective of this work is to reflect on the limitations of this traditional punitive penal system and also to seek alternatives for the protection of women. In this regard, by applying the bibliographic review methodology with a qualitative approach, this exploratory research combines the analysis of doctrine, legislation and national jurisprudence. For contextualization, historical and cultural data and concepts relevant to aspects of gender violence under the Maria da Penha Law will be examined. In continuity, achievements and challenges concerning the implementation of this regulatory framework will be presented. Furthermore, the implementation of the "Sinal Vermelho/Red Light" cooperation program as an integrated policy to combat violence against women will be discussed. Finally, a reflection will be made on the limits of the punitive response, regarding the criminalization of conducts, for the effective resolution of cases of domestic and family violence against women, pondering on the need for investment in integrated public policies, as well as in educational and preventive measures, concluding that restorative justice can set up an instrument of empowerment and more humanized treatment of women if employed.