Brazilian Superior Court of Justice decides that the law against domestic violence is applicable to transgender women

04-06-2022

Camilla Souza

Women’s Rights Researcher, 

Global Human Rights Defence.

Law 11.340/2006, known as Maria da Penha Law, contemplates violence against women that occur in the domestic environment, within the family, or in intimate relationships of affection. In addition, the law created mechanisms to curb domestic violence against women, establishing protective measures of removal from family life, creating domestic violence courts, and measures to assist victims.

This Tuesday, 05 April 2022, the Brazilian Supreme Court ruled that this law is also applicable to a transgender woman. 

The case analyzed dealt with a trans woman who had been attacked by her father, who did not accept the fact that she identified with another gender. Seeking the support of the law, the woman requested protective measures. However, the judges of the 10th Criminal Chamber of the Court of Justice of São Paulo (TJ-SP) had understood that the rule could be applied only in cases of domestic or family violence against women - considering exclusively the biological aspect.

This was the first time the issue was judged by the court and serves as a precedent for other instances of Justice to follow this understanding.

Sources and Further Reading:

Gabriel Hirabahasi (CNN): Jaime Nadal: " STJ decide que Lei Maria da Penha é aplicável a mulheres trans" < https://www.cnnbrasil.com.br/nacional/superior-tribunal-de-justica-decide-que-lei-maria-da-penha-e-aplicavel-a-mulher-trans/ >

Danilo Vital (ConJur) “STJ fixa medida protetiva a mulher trans com base na Lei Maria da Penha” < https://www.conjur.com.br/2022-abr-06/lei-maria-penha-aplicavel-proteger-mulher-trans-stj>