O USO DA LEI MARIA DA PENHA NOS CASOS DE VIOLÊNCIA DOMÉSTICA DE MULHERES TRANSEXUAIS

Abstract

There are several difficulties in applying the Maria da Penha Law to transgender women, ranging from recognizing these women as holders of rights to the process of applying the law. In legal terms, there has been no significant progress; what we have is case law that, in certain cases, mitigates the possibility of applying protective measures to transgender women. Even so, this recognition only occurs in higher courts, which presents institutional obstacles that limit the scope of human rights guarantees and protection of the lives of transgender women who are victims of domestic violence. By reviewing court decisions, such as Special Appeal 1,977,124/SP of the STJ, the research will analyze the lack of standardized guidelines and the impact of the restrictive interpretation of gender that still links protection to biological sex. The need for inclusive public policies and training of service professionals to ensure that transgender women have effective access to protective measures was highlighted. It is concluded that, to guarantee comprehensive protection, it is essential that the justice system adopts a broader view of gender, promoting an application of the Maria da Penha Law that includes all women.