Mariana Ferrer Case: landmark ruling in Brazil strengthens protection for survivors and redefines the judicial response to sexual violence

Photo credit: Mathilde Missioneiro, Folha de São Paulo

Brazil’s Supreme Federal Court (STF) has issued a landmark decision in the case of Mariana Ferrer, a young woman who reported that she had been a victim of sexual violence, and whose treatment during the judicial process triggered national and international outrage. By unanimous vote (eight to zero), the court annulled the procedural actions that had led to the defendant’s acquittal, and established a precedent that will guide future sexual violence cases in Brazil and may serve as a reference point for other countries.

At the hearing, the STF recognised that the revictimisation and violation of a survivor’s fundamental rights during a judicial process can compromise the validity of evidence and of subsequent procedural acts. It also reinforced the standards that require judicial processes to respect the dignity of survivors.

The STF’s decision sends a significant message across Latin America and the Caribbean, where revictimisation remains one of the principal barriers preventing women and girls from accessing justice. The pursuit of justice must not become a new form of violence.

For Equality Now, this decision contributes to efforts to combat institutional violence and reaffirms international standards requiring judicial processes free from discrimination, prejudice, and gender stereotypes.

The Mariana Ferrer case exposed how courts in Brazil treat survivors of sexual violence 

In December 2018, digital influencer Mariana Ferrer reported that she had been a victim of sexual violence during a party at a beach club in Florianópolis, the capital of Santa Catarina state. Despite the evidence presented by the prosecution – including toxicological and DNA tests – the defendant, businessman André de Camargo Aranha, was ultimately acquitted in two consecutive instances by the Santa Catarina State Judiciary. The first ruling came on September 9, 2020, from the 3rd Criminal Court of Florianópolis, and was later upheld on October 7, 2021, by a unanimous 3-0 vote in the 1st Criminal Chamber of the Court of Justice of Santa Catarina (TJ-SC), generating widespread national outrage over the treatment of the victim during the trial.

During a hearing, Mariana was subjected to humiliation by the defendant’s lawyers, who displayed photographs, alleged to have been manipulated, to question her credibility and to suggest that her behaviour was inconsistent with that of a victim of sexual violence. The defence also relied on arguments based on gender stereotypes and made offensive comments about her conduct and reputation in order to discredit her testimony. The judicial authorities present did not act to prevent or stop these revictimising statements.

In 2020, footage of the hearing was widely shared and provoked a strong public reaction across Brazil. Thousands of people mobilised to denounce the humiliation Mariana experienced during the proceedings, and to challenge practices that discredit, blame, and revictimise survivors of sexual violence in the courts.

The response was significant enough to contribute to the passage of Law 14.245/2021, known as the Mariana Ferrer Law, which established an obligation to respect the dignity and the physical and psychological integrity of victims and witnesses during judicial hearings. The law also provides for civil, criminal, and administrative liability for those who permit statements concerning circumstances or matters unrelated to the facts under investigation, as well as the use of language, information, or materials that offend the dignity of the victim or witnesses.

A new standard for sexual violence cases

Mariana Ferrer appealed to the STF, requesting the annulment of the hearing at which she testified as a victim, and of the subsequent decisions. On 18 June 2026, the court accepted this argument and unanimously annulled the hearing and the proceedings that had culminated in the defendant’s acquittal.

Beyond resolving this specific case, the STF established a criterion of general repercussion that will guide future cases across Brazil.

The court determined that evidence obtained during an investigation or criminal proceeding is void when it derives from physical, moral, or psychological coercion of the victim, or from circumstances that violate her dignity. It further determined that evidence derived from such actions may also be declared void.

This reinforces the obligation of judges, prosecutors, defence lawyers, and other justice operators to guarantee procedures that respect the human rights of survivors.

Institutional violence and international standards

What Mariana Ferrer experienced is what international human rights law terms institutional violence: the harm survivors suffer when the system meant to protect them subjects them to new forms of violence.

The Inter-American Court of Human Rights (IACtHR) has recognised that survivors of sexual violence face specific obstacles in accessing justice, and has warned of the impact of prejudice and gender stereotypes on judicial decisions.

In the case of Brisa De Angulo v. Bolivia, litigated by Equality Now together with Brisa, the IACtHR established the centrality of consent in the analysis of sexual offences, specified states’ duties regarding heightened due diligence in cases of sexual violence, reaffirmed the obligation to prevent revictimisation during proceedings, and affirmed victims’ right to access justice free from discrimination and gender stereotypes. The judgment emphasised that justice systems must not become a “second aggressor”, and underscored states’ obligation to prevent institutional violence, ensuring that those seeking protection and redress are not subjected to new forms of revictimisation.

Equality Now’s support for Mariana Ferrer

The Mariana Ferrer case reflects many of the challenges survivors of sexual violence face when seeking justice, including revictimisation, the persistence of gender stereotypes, and the barriers to having reports investigated and prosecuted with an approach centred on victims’ rights.

Equality Now contributed to the debate on the law that emerged from the case, including a technical review of the Mariana Ferrer Law, providing recommendations grounded in international standards.

The organisation also requested to intervene as amicus curiae before the STF, presenting an analysis grounded in international standards. The amicus brief highlights that prejudice and gender stereotypes continue to affect the way many reports of sexual violence are investigated and prosecuted. It also stresses that the assessment of evidence must be based on consent, not on the reputation, conduct, or sexual history of survivors. It further sets out the standards developed by the Inter-American Court of Human Rights on the investigation and prosecution of sexual violence cases, particularly those concerning heightened due diligence, the prohibition of revictimisation, and the obligation to guarantee judicial processes free from discriminatory stereotypes; standards that speak directly to the facts examined in this case.

Looking ahead to the next stage of the process, Equality Now will continue to support the case and to promote the effective implementation of the international standards applicable to the investigation and prosecution of sexual violence. It is essential that the new trial adopt a consent-centred approach and guarantee a process free from stereotypes and revictimising practices. The organisation will also work to raise awareness of the implications of this decision, contributing to the strengthening of judicial responses that respect victims’ rights in Brazil and across Latin America and the Caribbean.