Acessibilidade / Reportar erro

Access to justice and domestic violence against women: the perception of legal operators and the limits to the application of the Maria da Penha Law

ABSTRACT

This article is based on the research findings on “violence against women and access to justice”, which aimed to reflect on the effectiveness of the application of law no. 11.340/2006 (maria da penha law) (cepia/ford foundation) and its effects expanding access to justice for women in situations of violence. Empirically, the research was conducted as case studies in porto alegre, recife, salvador, rio de janeiro and sao paulo. 64 of law operators were interviewed and other professionals who work with the application of the law. The survey allowed us to analyze the gap between the legal provisions, professional and institutional routines applying the heavily oriented legislation for gender stereotypes practices among others. It is concluded that the gap between the formal and the practice reproduce discrimination against women that limit their rights to access to justice and support their non-recognition as a subject of rights.

maria da penha law; domestic violence; women living on violence situation; gender; access to justice

Fundação Getulio Vargas, Escola de Direito de São Paulo Rua Rocha, 233, 11º andar, 01330-000 São Paulo/SP Brasil, Tel.: (55 11) 3799 2172 - São Paulo - SP - Brazil
E-mail: revistadireitogv@fgv.br