The challenges of the applicability of the maria da penha law to indigenous women: cultural, legal, and access to justice challenges

Abstract

Domestic violence against indigenous women is complex and goes beyond the limits of the law. When faced with situations of aggression, these women face not only fear and pain, but also the challenges of a justice system that has little regard for their customs and ways of life. The Maria da Penha Law, although a milestone in the fight against gender-based violence, encounters difficulties when applied in indigenous territories, where customary law and ancestral knowledge remain alive and fundamental. This study delves into this scenario to understand how cultural, legal, and structural tensions interfere with the effectiveness of the law within these communities. To do so, it uses a qualitative, exploratory approach based on a literature review and documentary analysis. The results reveal that the state justice model, strongly rooted in Western logic, often ignores the conflict resolution systems present in the villages. The lack of interpreters, trained professionals, and protocols that respect cultural practices further aggravates this reality. The construction of intercultural justice, which combines legal protection with the recognition of traditional knowledge, emerges as a possible and urgent path. Strengthening indigenous autonomy, combined with sensitive public policies and active listening to women, is essential to ensure that the right to life and dignity is not a privilege, but a reality for all.