Brazilian Bill Proposes Extending Maria da Penha Law Protections to Male Same-Sex Couples

A significant legislative effort in Brazil is underway with Projeto de Lei 891/25, which proposes to extend the protections of the Maria da Penha Law to male same-sex couples. This initiative addresses a recognized legislative gap concerning domestic violence protections for vulnerable groups, including men in same-sex relationships as well as transgender women and travestis.

The Supreme Federal Court (STF), through Mandado de Injunção 7452, identified the absence of explicit inclusion of male same-sex couples in the Maria da Penha Law as a legislative vacuum and deemed this omission unconstitutional. This ruling highlighted the need for Congress to act and provide clear legal protections.

Deputy Bacelar (PV-BA), who authored the bill, emphasized the importance of granting constitutional rights and legal security to these vulnerable groups in the absence of existing regulatory norms. He referenced a ruling from the Superior Court of Justice (STJ) which clarified that the Maria da Penha Law’s protection applies to female victims regardless of biological sex, particularly in cases of domestic violence.

While there are other laws addressing violence in general, the Maria da Penha Law is recognized for offering effective protective measures specifically for women victims of domestic violence, prompting the extension effort to ensure equivalent coverage for all affected groups in similar circumstances.

The bill will undergo evaluation by the Human Rights, Minorities and Racial Equality, and Constitution, Justice and Citizenship committees before moving to a Senate vote. This process is part of ongoing legislative activity, with committees like the Comissão de Constituição e Justiça (CCJ) playing a critical role in analyzing the constitutionality and legal framework of proposals.

Deputy Ademar Traiano (PSD), president of the CCJ in Paraná, underscored the committee’s pivotal function in ensuring sound legislative procedures, noting that the committee's recent resumption of meetings will support advancing various social and security policies, including those concerning domestic violence.

This legislative development signifies progress toward inclusive protections under Brazilian law, addressing gaps that affect marginalized groups and reinforcing the framework to combat domestic violence comprehensively.