WOMEN’S HUMAN RIGHTS AND AFFIRMATIVE ACTION: THE MARIA DA PENHA LAW AS AN INSTRUMENT TO COMBAT VIOLENCE AND GENDER INEQUALITY

Abstract

The Maria da Penha Law was not created to punish men, but to ensure women’s rights to life, physical, psychological, and moral integrity, freedom, and dignity. This study discusses the importance of this regulation as a form of gender-based affirmative action, examining its foundations, scope, and limitations in addressing domestic violence and promoting equality. To this end, gender inequality, the historical background of the law, its context of emergence, and the intended effects of its implementation are analyzed. The research, of bibliographic and documentary nature, was conducted through a qualitative approach. The findings highlight the decisive contribution of the feminist movement to the achievement of rights and public policies to confront domestic violence, as well as a historical and structural understanding of gender-based violence. However, challenges persist in its application, which perpetuate violence. It is concluded that the Maria da Penha Law, as an affirmative action measure based on human rights principles, is fundamental to ensuring women’s integrity, access to justice, and equal participation.