The misuse of the Maria da Penha Law as an instrument of “revenge” and the responsibility of women in the face of falsem complaints

Abstract

In the context of the Maria da Penha Law (Law No. 11,340/2006), when talking about domestic and family violence, the prevailing understanding is that the woman has suffered violence, whether physical, psychological, sexual, patrimonial or moral, in which the aggressor lives or has lived with the victim. This article analyzes the misuse of the Maria da Penha Law as an instrument of “revenge” by women in interpersonal relationships, whether within the domestic unit, within the family or in any intimate relationship of affection, problematizing the accountability of women who falsely report. Although the legislation represented a milestone in combating violence against women, its distorted application can lead to serious violations of fundamental rights, including the social and legal condemnation of falsely accused men. The study addresses the historical evolution of the law, its protective purpose, the problem of unfounded complaints, the jurisprudential treatment of the issue and the mechanisms for holding women who unduly benefit from the law accountable, so that there is no harm to the protection of real victims, since it is imperative to balance the protection of women's rights with the observance of procedural good faith and the presumption of innocence, guaranteeing the effectiveness of the justice system and legitimacy to the Maria da Penha Law.