Domestic violence (DV) is a global issue that affects thousands of women worldwide every year. In Brazil, DV is one of the most pressing concerns, with thousands of cases reported annually. Behind these alarming statistics are individual stories that not only inspire but also drive change. One such story that broke legal barriers around DV in Brazil is that of Maria da Penha Maia Fernandes. As a victim of horrific abuse from her husband, Penha not only fought for justice for herself but also transformed the legal landscape in Brazil to protect DV victims.
Early Life and Marriage
Maria da Penha Maia Fernandes was born on 1st February, 1945, in Fortaleza, Brazil. She graduated with a degree in Pharmacy from the Federal University of Ceará in 1966 and later pursued Biopharmacy studies at the University of São Paulo. Here, she met her husband, Marco Antonio Heredia Viveros, a schoolteacher from Colombia. They married in 1976 and had three daughters. Once Viveros obtained Brazilian citizenship, he began showing his true abusive nature.
Viveros routinely subjected Penha and their daughters to physical violence without reason. Their three daughters were young at the time, aged seven, five, and nearly two years old. On one occasion, their youngest child wet herself whilst sitting on the floor. As she tried to stand by holding onto the wall, Viveros struck her, screaming. He would tie up their second daughter’s hands to prevent thumb-sucking and, when she managed to free herself, would beat her and make her take cold showers as punishment. Despite the ongoing abuse, Penha was too terrified to leave him, as Brazilian law enforcement did not consider DV as a serious offense at the time, leaving Penha feeling trapped, isolated, and alone.
The Attempted Murders
On May 29, 1983, as Penha lay sleeping after returning from work, Viveros shot her in the back. Viveros claimed to the police that an intruder had shot her, and the authorities initially believed him. Lacking clear evidence, Penha herself began to doubt whether Viveros was the culprit. After four months in the hospital, Penha, now paralysed from the waist down, returned home, only to find herself imprisoned within her own house. Viveros isolated her from friends, neighbours, and even family, forbidding her from having visitors or making phone calls without his approval.
Seeking a way out, Penha secretly attempted to secure custody of her children through the courts, hoping this would allow her to leave. Before she could act, however, Viveros made another attempt on her life, this time tampering with the electrical shower to electrocute her. Eventually, Penha managed to take her children and leave Viveros, seeking legal protection.
The Long Road to Justice
Despite the overwhelming evidence of Viveros’ abuse, Penha spent almost 20 years fighting for justice. Viveros was first tried for attempted murder in 1991 and again in 1996, each time receiving a sentence of over ten years. However, legal technicalities and appeal processes allowed him to remain free. In 1998, the Centre for Justice and International Law, along with the Latin American and Caribbean Committee for the Defence of Women’s Rights, took Penha’s case to the Inter-American Commission on Human Rights (IACHR).
In 2001, the IACHR condemned Brazil for neglecting and delaying DV cases. The Commission urged Brazil to pass legislation to ensure timely trials and harsher penalties for DV offenders. In 2002, Viveros was sentenced to eight years in prison, of which he served only two years. Penha continued her activism, working alongside advocacy groups and the Brazilian government to draft laws aimed at reducing DV against women.
The Birth of the Maria da Penha Law
In September 2006, Brazil introduced groundbreaking legislation on DV: the “Maria da Penha Law,” signed by President Luiz Inácio Lula da Silva. This was Brazil’s first law recognizing various forms of abuse against women. It established special courts for DV cases, increased penalties for offenders, and mandated authorities to provide shelters for DV survivors.
For Penha, this was a significant victory, marking the beginning of her lifelong mission to raise awareness about DV and advocate for women’s rights. To this day, she continues to campaign globally, sharing her harrowing experiences.
A Symbol of Change
Maria da Penha’s story represents both the systemic failures and the potential for change within Brazil’s justice system. In the early 1980s, DV cases were largely ignored, and it wasn’t until 1988 that Brazil’s constitution included guarantees of equality before the law for female victims. Even so, enforcement was limited, with no specific restraining orders or protections available until the 1990s. Courts even allowed husbands to use “honour” as a defence for killing unfaithful wives, reflecting deeply ingrained cultural biases.
Penha’s case highlights the weaknesses and shortcomings of Brazil’s judicial process. Despite Viveros’ repeated attempts to avoid punishment, Penha remained resilient. With the support of human rights organizations and advocacy groups, she campaigned tirelessly, leading to the historic passing of the Maria da Penha Law in 2006. This law now ensures DV victims in Brazil have access to psychological support and legal services. Maria da Penha’s courage in speaking out and pushing for legal reforms has helped save countless lives and protect millions of Brazilian women from DV.
