GENDER VIOLENCE AND THE LIMITS OF THE NORMATIVE LEGAL PROTECTION SYSTEM

Abstract

Background: As a result of the violence practiced against 
women, a legal and regulatory framework has been created at 
international and national level to protect them. In Brazil, Law 
11.347/06, known as the Maria da Penha Law, identifies the 
types of violence and establishes mechanisms to prevent and 
curb it. The classification of the forms of violence practiced 
against women described in this law has been improved, for 
example by establishing a correlation between psychological 
violence and property violence. Identifying the forms of violence 
allows us to understand the relationship between violence and 
the effects it has on women's health. Problem: To what extent 
has the protection system created by the Brazilian state to 
prevent and curb gender-based violence been able to achieve its 
purpose?  Problem: To what extent 
has the protection system created by the Brazilian state to 
prevent and curb gender-based violence been able to achieve its 
purpose? Objectives: to reveal that the patriarchal model of 
society is one of the factors that contribute to the perpetration of 
violence against women; to establish a comparison between the 
legal framework for the protection of women and the Brazilian 
reality. Method: This is an exploratory, qualitative study based 
on an analysis of scientific articles, doctrine, documents and data 
compiled by research institutes. Results: The evolution of 
women's protection under both international and national 
legislation has stimulated the construction of public policies and 
measures to protect women who are victims of violence. This 
normative framework is important, however, it is clear that data 
from the Brazilian reality still reveals that there are high rates of 
violence against women. Conclusions: Gender-based violence 
is a consequence of patriarchy and also has negative effects on 
women's psychological health. Despite legislative progress, 
women who suffer domestic violence encounter huge obstacles 
in accessing the protection mechanisms created by the Brazilian 
state, due to the strong historical, social and cultural roots of 
patriarchy, which are revealed in the alarming statistics on 
gender violence