Brazil's Supreme Court reviews expanding Maria da Penha protective orders beyond the home

Brazil commemorated two decades of the Maria da Penha Law, which criminalized domestic and family violence against women and introduced emergency protective orders. A recent Supreme Court case challenges whether those orders may also apply to gender-based aggression such as stalking when the parties share no domestic, family or intimate connection. The lower court rejected the request and referred the matter to a special criminal court, prompting an appeal by the state Public Prosecutor’s Office that the high court has now agreed to hear.

Feminist lawyer Leila Linhares Barsted notes the law changed cultural perceptions, yet prosecutor Silvia Chakian says the protection system still lacks resources, especially outside major cities. The Attorney General’s Office and Minas Gerais Prosecutor’s Office argue the statute should remain limited to domestic contexts, proposing separate legislation for other forms of gender-based violence. The outcome could determine how Brazil addresses non-domestic threats to women and whether new legal instruments will be needed.