Brazil Supreme Court expands scope of Maria da Penha Law

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On 19 August 2026, the Brazilian Supreme Court ruled unanimously in Tema 1.412 to expand the scope of the 2006 Maria da Penha Law, mandating that urgent protective measures apply to all forms of gender-based violence, regardless of whether a domestic or intimate relationship exists. Presided over by Justice Edson Fachin, the court determined that protections now extend to violence occurring in workplaces, public spaces, and political contexts. The decision stemmed from a case in Formiga, Minas Gerais, where a woman was denied protection against a neighbor because the lower court determined the law was restricted to domestic settings. This ruling is now binding on the entire Brazilian judiciary, ensuring that even judges without jurisdiction must grant urgent protections in cases of immediate risk.

Consequences

The decision provides an immediate legal mechanism for authorities to intervene in cases of political gender-based violence and harassment outside of home environments. By granting police delegates and non-specialized judges authority to issue emergency protections, the ruling accelerates the response time for victims of gender-based violence across all sectors of society.

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