INTERSECTIONALITY: DOMESTIC VIOLENCE IN BRAZIL, AN ANALYSIS OF LAW 11.340/2006

Abstract

With the increase in rates of domestic violence and feminicide in Brazil, it is necessary to seek answers to the paradigms between gender, race, ethnicity, social class, sexual orientation and transsexuals. It is therefore a question of envisioning intersectionality from a post-structuralist perspective. Within this perspective, we can observe that violence spreads historically. Comparing violence to Darwinism (theory of evolution and natural selection) would at least be a close analogy to reality. In this context, the term “intersectionality” emerges, the topic will be discussed based on the analysis of cultural differences, related to the human stereotype, and whether these are the main factors responsible for domestic violence and social inequalities. The changes made to Law No. 11,340/2006 (Maria da Penha Law), amended by Law No. 14,550/2023, will be analyzed from a gender perspective, which aims to reinforce the protective nature of women victims of domestic violence and implement substantive equality, in line with the pro personae interpretative bias that has guided recent decisions by the Supreme Court of Justice on the subject.