Brazil's Supreme Court decides to expand the protection of the Maria da Penha Law to same-sex couples and transgender women.

247 - The Brazilian Supreme Court (STF) unanimously decided that the protection afforded by the Maria da Penha Law should be extended to same-sex couples formed by men and to transvestite and transgender women. The decision was taken in the virtual plenary and concluded this Friday (21), with the majority of ministers following the vote of the rapporteur, Minister Alexandre de Moraes, reports the G1The Court's understanding acknowledges the National Congress's failure to legislate on the subject and broadens the scope of the law to combat domestic violence.

The lawsuit was filed by the Brazilian Association of HomotransAffective Families (ABRAFH), which pointed to the need for protection for different family configurations. The organization argued that current legislation does not fully address these relationships, leaving a gap in the legal protection of victims who do not fit the traditional concept of a cisgender woman.

In his vote, Moraes highlighted that "considering that the Maria da Penha Law was enacted to protect women against domestic violence, based on an understanding of the cultural subordination of women in society, it is possible to extend the application of the law to same-sex male couples, if there are contextual factors that place the male victim of violence in a subordinate position within the relationship."

The minister also emphasized that gender identity, even if socially defined, is part of personality and is directly linked to fundamental rights such as intimacy, privacy, freedom, and equal treatment. "Therefore, the State has a responsibility to guarantee protection, in the domestic sphere, to all types of family entities," Moraes stated.

He further emphasized that the decision is especially important given the persistence of discourses and practices that reinforce gender biases and the structurally sexist legacy of society. "Despite legal and institutional advances, there is still a persistence of discourse and practice that attempt to diminish women – and people who socially identify with the female gender or in some way occupy that social role – and to naturalize gender biases that exist to this day," he added.

With the Supreme Court's decision, men in same-sex relationships, transgender women, and transvestites now have access to the protective measures of the Maria da Penha Law, such as removal from the aggressor, referral to shelters, and legal assistance, guaranteeing greater protection against domestic violence.