ANALYSIS OF DECISIONS ON RESTRAINING ORDERS UNDER THE MARIA DA PENHA LAW IN THE FEDERAL DISTRICT OF BRAZIL DURING THE FIRST MONTH OF EFFECTIVENESS OF LAW No 14,550/2023

Abstract

The research aims to analyze the decision-making practices in the Federal District of Brazil regarding requests for domestic violence restraining orders (RO) in May 2023, the first month of the enactment of Law No. 14.550/2023, which introduced new regulations regarding ROs. A quantitative and qualitative documentary analysis was conducted on a sample of half of the electronic cases distributed to the courts during this month, totaling 623 cases analyzed. A discrepancy was found between the actions of the specialized courts and the changes introduced by Law No. 14.550/2023, with decisions still denying ROs based on arguments contrary to the new legislation, such as the lack of seriousness or urgency, absence of gender-based violence, and insufficient evidence from the woman’s testimony. In five courts, a decision-making pattern was identified that set a predetermined duration for the protection, for only a few months. Low documentation was found in the case files regarding referrals for psychosocial services. However, a gradual improvement in judicial rulings is observed compared to a previous study from 2019. The research points to the need for greater uniformity in case law, aligned with a gender perspective.