LEI MARIA DA PENHA PARA MULHERES TRANS: ANÁLISE DO RECURSO ESPECIAL N° 1.977.124/SP DO STJ

Abstract

Law No. 11,340 was enacted in 2006 to be a tool in the fight against gender-based violence. Despite this, part of the Brazilian Judiciary has resisted applying the law to cases involving transsexual or transgender female victims. In 2022, the sixth panel of the STJ decided to grant protective measures to a trans woman who was a victim of domestic violence in Special Appeal No. 1.977.124/SP. The objective of this study was to analyze the arguments used in the special appeal cited to apply the Maria da Penha Law to a trans woman. We sought to understand how the Brazilian Judicial system interprets the Maria da Penha Law and whether the posture of Magistrates contributed to the elimination of gender violence in the country. To this end, the techniques of documentary research, bibliographic review and case study were used, the data used were primary and secondary, seeking their basis in Criminal and Constitutional Law. The study adopted the approach of legal-exploratory and comparative research. It is also an inductive research, which starts from the analysis of the REsp to create a Brazilian scenario regarding the central theme. As a conclusion of the study, it was found that the interpretation of the Maria da Penha Law from the perspective of gender is fundamental to achieve the purpose of protection of women sought and to overcome the heteronormative conceptions that favor the maintenance of discrimination, and the judgment of REsp n. 1.977.124/SP is in full consonance with the principles of Equality and Dignity of the Human Person.