Supreme Court dismisses Oppong Nkrumah’s objection to Deputy AG representing CJ in vacation Court case

On August 19, Brazil's Supreme Court expanded the scope of the Maria da Penha Law, a 2006 legislation aimed at combating violence against women. The ruling now requires judges to apply the law to all forms of gender-based violence against women, not just domestic, family, or intimate partner violence. Prior to this decision, the law only covered cases involving close relationships.

The expansion also necessitates the enforcement of the law during the electoral campaigning period leading up to the October general elections, in an effort to curb gender-based political violence against female candidates. The court delegated the decision of granting protective measures to the Electoral Court.

The Maria da Penha Law provides various protective measures, including removing the abuser from the home, prohibiting the abuser's approach to the victim, mandating the use of an electronic ankle monitor, and ordering pretrial detention. These measures aim to provide women with a safer environment free from violence.

Prior to the ruling, a Minas Gerais state court had denied protective measures on the grounds that there was no intimate relationship between a woman and her neighbor. However, the neighbor had been threatening her, causing her to suffer from anxiety and panic attacks. In one instance, the neighbor threatened to kill her if she did not begin a relationship with him.

Chief Justice Edson Fachin delivered the unanimous ruling, emphasizing that violence against women must be viewed as a structural issue rooted in historical inequality between men and women. "Conventional protection is not limited to the emotional bond between the perpetrator and the victim, but extends to any interaction in which the violence is gender-based," he stated.

Justice Flávio Dino argued in favor of applying the law during electoral campaigns to protect female candidates. "Many female candidates face the cruel choice between protecting their children and their homes or pursuing their calling to public life," he noted. The sole woman on the court, Justice Cármen Lúcia, stated that the law's purpose is to protect women everywhere.

"Those who love do not kill. Femicide is committed - the murder of women is committed as a matter of power. Men believe they have the power of life and death over us," she added.