Ruling establishes that protection may apply even when there is no domestic, family or intimate relationship between the victim and the aggressor
Brazil’s Federal Supreme Court (STF) has expanded the scope of emergency protective measures available under the Maria da Penha Law.
In General Repercussion Theme 1,412, decided unanimously on August 19, 2026, the Court held that protective measures may apply to any form of gender-based violence against women, regardless of whether it occurs within a domestic, family or intimate relationship.
The precedent is expected to guide Brazilian courts in similar cases.
Gender-based violence becomes the central element
The decision shifts the analysis away from an exclusively relationship-based approach.
The central question is no longer simply whether the victim and aggressor shared a domestic, family or intimate relationship.
Courts must assess whether the violence was based on gender and whether the circumstances create a risk to the woman’s physical or psychological integrity.
As a result, protective measures may also be relevant in professional, community, institutional, social and political environments.
The ruling does not mean that every dispute involving a woman automatically falls within the scope of the Maria da Penha Law. A gender-based component must still be identified in the specific circumstances.
The precedent is already being applied
In October 2026, a court in the State of Amazonas applied the STF’s new interpretation in a case involving an Indigenous woman and fisher who reported death threats during a dispute over possession of rural property.
There was no domestic or family relationship between the victim and the individuals involved.
The court nevertheless granted emergency protective measures after assessing the circumstances of the threats and the victim’s vulnerability.
Implications for the workplace
The STF expressly recognized that gender-based violence may also occur in professional environments.
This does not mean that every employment dispute, harassment allegation or interpersonal conflict will automatically trigger the Maria da Penha Law.
However, threats, stalking, psychological violence, physical aggression and other gender-based conduct in the workplace may require a broader legal assessment.
Organizations should therefore review their prevention and response mechanisms, including:
- anti-harassment and anti-violence policies;
- reporting channels;
- victim support protocols;
- internal investigation procedures;
- anti-retaliation measures;
- evidence preservation;
- leadership training;
- coordination among Legal, Compliance, Human Resources and Security teams.
Vulnerability requires contextual assessment
The ruling also reinforces the importance of evaluating the circumstances surrounding each victim.
Migrant and refugee women, for example, may face additional vulnerabilities related to language barriers, economic dependence, limited support networks and immigration status.
Such circumstances may be relevant when assessing power imbalances, threats and the practical ability of a victim to seek protection.
A broader approach to the protection of women
The STF’s decision reflects a broader understanding of gender-based violence.
Legal protection is no longer determined exclusively by the location of the violence or the formal relationship between the parties.
Instead, the analysis focuses on whether gender-based violence is present and whether protective intervention is necessary.
For companies and institutions, the precedent reinforces the importance of preventive policies and effective response mechanisms capable of identifying situations that may go beyond ordinary workplace conflicts.
PDK Advogados monitors developments in Brazilian family law, fundamental rights, employment relations and corporate policies related to gender-based violence and discrimination.
Follow PDK Advogados’ publications for further analysis of Brazilian court decisions affecting individual rights, workplace relations and corporate risk management.
