Institutional Dimensions of Gender Equality: the Maria da Penha Case

This article explores the complex interaction between the Maria da Penha Statute (Law 11.340/06) and the institutional context in which such statute operates. After presenting the details of the institutional changes provided by the Statute, we analyse the measures adopted by the Brazilian Government to implement reforms, identifying a number of shortcomings. We also show that the Brazilian courts have neglected the role of institutions as prescribed by the Maria da Penha Statute. We conclude the article by presenting an alternative path called modularity: we reject the idea that law and institutions have either a hierarchical relationship or are independent of one another; instead, we suggest that they can be complementary or may compensate for each other weaknesses.