The Judicial Activism according to the Maria da Penha Statute

Abstract

It is judicial activism a relevant concept to comprehend the Maria da Penha’s Statue? This paper aims to analyze whether it is justified to criticize as activism expectations in public action to confront domestic violence according to neoconstitutionalism’s approach. The normative frame on Maria da Penha’s Statue demands consideration on the statute itself, the Federal Constitution and international conventions. In addition to the regulatory obligations, the Maria da Penha’s Statute was a response to women’s social movements with the dual objective of eradicating barriers to full women’s citizenship and to accomplish material gender equality. The paper assumes the categorization of judicial activism does not apply to the Maria da Penha’s Statute since its preparation process took judicial activism as a premise for its enforcement. Methodologically, it promotes literature review and uses autobiographic memory. It also alerts towards the lack of understanding gender issues by justice system actors.