ANALYSIS OF THE APPLICATION OF THE MARIA DA PENHA LAW TO TRANSSEXUAL

Abstract

The present work aims to study the recent decision of the Brazilian Superior Court of Justice (RESP 1977124/SP), which established that the Maria da Penha Law applies to cases of domestic or family violence against transgender women. The main objective is to analyze the effectiveness of this decision, as well as to examine the mitigation of domestic and family violence experienced by these victims in light of the particularities and challenges related to transgender women within the Brazilian legal framework. Brazil is one of the countries with the highest rates of transgender women being killed worldwide, making it evident that there is an urgent need to reflect on this issue in order to provide greater visibility and consequently ensure the protection of these victims. The methodology used was predominantly exploratory, descriptive, bibliographical, and qualitative, focusing on a comprehensive understanding of the decision. It was found that even after some time since the decision, violence against transgender women persists, and the lack of concrete data to measure the effectiveness of this extension of the law is concerning. It is concluded that the mere extension of the law is not enough; there must be a continuous commitment to the effective implementation of legal protections, with a greater alignment between governmental branches, public awareness, and the training of professionals, thus ensuring that transgender women have real and equal access to justice.