The Rio Grande do Sul Court applied the Maria da Penha Law to a gay couple and granted a protective measure to a man who declared that he was being threatened by his partner. Judge Osmar de Aguiar Pacheco, from Rio Pardo (RS), determined that the accuser's partner must maintain a minimum distance of 100 meters.
The judge argued that, even though the Maria da Penha Law focuses on protecting women, anyone in a vulnerable situation must be protected by the law.
"The constitutional prohibition of any discrimination and the dignity of the human person as one of the foundations of the Republic require that same-sex unions be recognized as a social phenomenon, deserving not only of respect but also of effective protection with the instruments contained in the legislation", stated the judge .
The Law on Domestic and Family Violence against Women, called the Maria da Penha Law, was sanctioned on August 7, 2006 by then president Luiz Inácio Lula da Silva.
