Contesting Hybrid Jurisdiction under the Maria da Penha Law: Feminist Rewriting as a Tool for Transforming Legal Interpretation

Abstract

https://doi.org/10.1590/2179-8966/2025/92841

The Maria da Penha Law (LMP) represents a milestone in combating domestic violence in Brazil, aligning with international norms such as CEDAW and the Convention of Belém do Pará. One of its main advancements is the provision of hybrid jurisdiction, which allows specialized courts to judge both civil and criminal matters arising from domestic violence. However, its implementation has been marked by resistance, particularly from the Judiciary, which often restricts this jurisdiction to urgent protective measures, disregarding its original scope. This article analyzes the disputes surrounding hybrid jurisdiction, using feminist rewriting as an analytical tool to highlight silenced narratives in judicial decisions. Through the rewriting of a ruling by the São Paulo Court of Justice (TJSP), it demonstrates how the restriction of hybrid jurisdiction reinforces the fragmentation of services for women, contradicting the principles of the LMP. It concludes that feminist rewriting is a powerful strategy to deconstruct hegemonic narratives and promote a more inclusive and sensitive justice system to the demands of women in situations of violence.