AN ANALYSIS OF THE MARIA DA PENHA LAW FROM DURKHEIM’S PERSPECTIVE

Abstract

The present study entails an analysis of the social context surrounding the enactment of Law No. 11.340/2006, commonly known as the Maria da Penha Law, in Brazil, from the perspective of Émile Durkheim's sociological theory of punishment. Initially, it delineates the evolution of the theme of domestic violence against women in the global context, which gained prominence and significance in international discourse until being recognized as a globally significant criminal phenomenon leading to human rights violations. This includes the specific historical context that led to the enactment of the Maria da Penha Law in Brazil. Subsequently, the primary concepts of the author under examination are elucidated, focusing on the sociological theory of punishment; concluding with a discussion and critical analysis of the legislation in light of Durkheimian theory. Through this study, from the vantage point of sociological theory of punishment, the advent of said legislation is deliberated as a consequence of an emotional reaction of the collective consciousness, which began to perceive domestic violence against women - an issue that has always existed but was previously marginalized from public discourse - as a criminal act deserving judicial protection and penalization. This was instigated by a global movement that led to the emergence of specific criminal norms on the subject, essentially stemming from the collective
acknowledgment that such delinquent behaviors undermine societal values. In the light of Durkheim's theory, this article sought to demonstrate the heightened characterization of criminal acts in the collective sentiments of Brazilian society, considering domestic violence against women within the context of globalization, as well as the societal response to such criminal acts, demanding greater penal reinforcement and resulting in the enactment of Law No. 11.340/2006.