Brazil expands protection for women against gender violence beyond domestic ties

Brazil's Supreme Federal Court has unanimously ruled to expand emergency protection measures to encompass all instances of violence against women, even when there is no domestic, familial, or intimate relationship between the victim and the perpetrator. This landmark decision, which will set a legal precedent, allows for preventive measures under the Maria da Penha Law to be applied to aggressions occurring outside the family sphere, provided they are motivated by the victim's gender.

The ruling is a significant step towards aligning Brazil's national legislation with the Belém Convention, an international treaty aimed at preventing, punishing, and eradicating violence against women. The convention, incorporated into Brazilian law in 1996, emphasizes that gender-based violence is not limited to the domestic sphere and requires protection for women in both private and community spaces.

The court's decision originated from a case in Minas Gerais where a woman seeking protection from a neighbor's threats was denied, as the court argued the law did not apply due to the absence of an affective relationship. Justice Luiz Edson Fachin, the rapporteur and president of the Supreme Court, argued that gender-based violence extends beyond the family to community, professional, and institutional settings.

Furthermore, the court clarified that any judge receiving a request for protective measures must assess the immediate risk to the victim's physical or psychological integrity, even if the case does not fall under their final jurisdiction. In urgent situations, police officers and delegates are also empowered to grant protective measures. With presidential and legislative elections approaching in October, the court also extended the law's reach to combat gender-based political violence against female candidates, with such protection requests to be processed directly by the Electoral Justice system.

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Gender-based violence transcends the family sphere and occurs also in community, professional, and institutional spaces.