Brazil's Supreme Court unanimously extended the Maria da Penha Law's protection to same-sex couples and trans women.
In a virtual plenary session on Friday (Feb. 21), the Supreme Court ruled in favor of the Brazilian Association of HomoTransAffective Families (ABRAFH), which argued that the National Congress has failed to legislate on the matter.
Justice Alexandre de Moraes, the rapporteur, stated that the lack of a rule extending the Maria da Penha Law's protection “could create a gap in safeguarding victims and punishing domestic violence.”
In his vote, Moraes stated that “since the Maria da Penha Law was created to protect women from domestic violence—recognizing their cultural subordination in society—it can also be applied to male same-sex couples when contextual factors place the male victim in a subordinate position within the relationship.”
Justice Moraes stated that "gender identity, though social, is a fundamental aspect of personality, encompassing the right to identity, intimacy, privacy, freedom, and equal treatment, all of which are safeguarded by the overarching principle of human dignity."