Banca de QUALIFICAÇÃO: LUCAS FERREIRA PICCOLI

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : LUCAS FERREIRA PICCOLI
DATE: 02/07/2026
TIME: 10:00
LOCAL: Ambiente virtual
TITLE:

APPLICABILITY OF THE MARIA DA PENHA LAW OUTSIDE THE DOMESTIC AND FAMILY CONTEXT: AN ANALYSIS WITH A GENDER PERSPECTIVE

KEY WORDS:

Maria da Penha Law; gender perspective; conventionality control; human rights.

PAGES: 68
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This dissertation presents research on the applicability of Federal Law No. 11.340/2006 – the “Maria da Penha Law” (LMP) – outside the domestic and family context for which it was originally intended. Based on an internationalist reading guided by a gender perspective, the research was developed within the Postgraduate Program in Law at the Federal University of Rio Grande do Norte, in the research line “International Law and the Realization of Rights,” alongside the research group “International Law and Gender.” The investigation is justified because, although the principles and guidelines contained in the LMP are sufficiently clear regarding the protective nature of the law, several judicial decisions have disregarded its application even in cases involving gender-based violence. The central objective of the research was to analyze whether restricting the scope of the Maria da Penha Law to cases occurring outside the domestic and family context is in accordance with international and domestic norms on women's human rights, approached from a gender perspective. Among the specific objectives are: to understand how the discourse of the supposed neutrality of law was constructed and subsequently challenged; to inventory domestic and international norms that address gender violence, with emphasis on the Maria da Penha Law; to understand how the gender perspective is configured as an interpretative tool in cases of violence against women; to analyze discussions on the scope of application of the Maria da Penha Law focusing on constitutional and conventional issues, and based on the gender perspective; to examine the constitutionality and conventionality of a decision by the Court of Justice of Rio Grande do Norte. The research hypothesis is that the exclusion of the Maria da Penha Law in cases of gender violence is unconstitutional, unconventional, and contrary to the gender perspective. From a methodological point of view, applied research was undertaken, analyzing its object through the case study method, and addressing the collected data in a qualitative manner. As a result of the investigation, it was possible to identify that extending the application of the Maria da Penha Law beyond the hypotheses expressly provided for in the law represents a reaffirmation of its protective intent. Thus, the extensive interpretation is the only one compatible with the international commitments made by Brazil regarding women's human rights and with the gender perspective.

COMMITTEE MEMBERS:
Presidente - 3229333 - ERICA VERICIA CANUTO DE OLIVEIRA VERAS
Interno - 1254860 - FABRICIO GERMANO ALVES
Interna - 1657901 - YARA MARIA PEREIRA GURGEL