STJ decides that Maria da Penha Law is applicable to trans women

The STJ (Supreme Court of Justice) dominated this Tuesday (5) that the Maria da Penha Law (Law 11,340, of 2006), which protects victims of home violence, is applicable to transgender women within the nation. The determination of the sixth Panel of the Court is unprecedented, and it was unanimous.

In early February of this 12 months, the MPF (Federal Public Prosecutor’s Office) despatched an announcement in favor of the change to the STJ. This is as a result of, earlier than, the MP-SP (Public Ministry of the State of São Paulo) had filed an enchantment in opposition to a choice of the TJSP (Court of Justice of São Paulo) that denied protecting measures for a transsexual girl assaulted by her father.

The judges understood that the legislation, which offers with conditions of home and household violence in opposition to women, is based mostly on gender, and that this is not based mostly on organic points. Minister Laurita Vaz pressured that the ideas will not be confused, and that trans women are attacked primarily as a result of they’re women.

“The very brutal actuality skilled by trans women permits us to establish widespread traits with the violence practiced in opposition to sui generis women. The acts have the identical origin: gender discrimination,” she mentioned.

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The rapporteur of the case, Minister Rogério Schietti recalled that Brazil has been, for 13 years, the nation with essentially the most murders of transgender individuals on the earth. For the Justice of the Peace, this knowledge displays a patriarchal and misogynistic tradition. Schietti additionally mentioned he believes the scenario is permeated by “a sure transphobia”.

“I document that final 12 months there have been 140 murders of trans individuals. This is a worrying reality as a result of it displays, maybe, a predominant conduct in our tradition that doesn’t settle for identities apart from these that our tradition, our coaching, led us to outline, even for non secular causes, as identities associated solely to intercourse. , the organic attribute of every one.

So, what is mentioned right here is that the potential of a legislation that got here to defend women in home, affective, household relationships, also can shelter those that outline themselves, who establish themselves as such”, he mentioned.

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In addition to Schietti and Laurita Vaz, Justices Antonio Saldanha, Olindo Menezes and Sebastião Reis voted in favor of the enchantment and for the imposition of the measures requested by the sufferer.

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