A aplicação da Lei Maria da Penha nos casos de violência doméstica entre casais lésbicos à luz do precedente n° 1.977.124 do STJ

Abstract

The main objective of the present study is to evaluate the application of the Maria da Penha Law in cases where the family unit is a lesbian couple, what we see is that even though today domestic violence is more denounced by victims, there is still an invisibility in the regarding homoaffective couples, object of study in this research. Make a connection between the Maria da Penha Law and gender roles, and how these interfere in the application of the law in lesbian couples, assuming that the law was created with the objective of bringing equality in domestic and family relationships where there are female and male roles. We were able to perceive that gender violence is much more than physical violence, it is not just the act of violence by one person towards another, there must be a relationship of domination from one individual to the other, a relationship that is linked to the culture of sexist and heteronormative society and the gender roles played by the parties in the relationship. Given this, it is clear that this type of crime can occur between lesbian couples as well as between heterosexual couples, so the victims must also be protected by the Maria da Penha Law