Medidas Protetivas e Feminicídio Negro: Uma análise da ineficácia da Lei Maria da Penha

Abstract

This study delves into violence against black women in Brazil, highlighting the persistent sociocultural tolerance of gender-based violence and the urgent need for effective public policies that offer specific protection to this vulnerable population. In a context marked by structural inequalities and systemic racism, the work examines the effectiveness of current legislation, especially the Maria da Penha Law (Law 11,340/2006) and the Feminicide Law (Law 13,104/2015), investigating their limitations in light of the specificities of the intersectionality of gender and race. The analyses show that these laws, although relevant, present significant gaps, especially in neglecting the unique realities faced by black women, who are often marginalized by both society and the justice system. In addition, the study explores the various forms of domestic violence, including physical, psychological, patrimonial, and moral violence, highlighting how black women are disproportionately affected. The invisibility of this segment of the population in the practical application of laws is a central point, revealing a protection system that does not take into account racial specificities, aggravating the vulnerability of victims. Through this work, based on books, academic articles and online sources, it is argued that the failures in public policies result from the lack of visibility of black women in the legal scenario, which requires a deep and targeted review of laws, with the intention of guaranteeing full protection and recognition of the specific rights of this population. Thus, the research advocates a restructuring of public policies that incorporates an intersectional perspective, essential for the construction of a more fair and egalitarian system.