This paper analyzes the position of the State as potentially accountable for the gender violence that occurs in the domestic sphere, that is, outside the traditional schemes established by the human rights framework, in which the State generally responds when it intervenes as a direct perpetrator. The analysis of this type of responsibility contributes to the debate on the new perspectives of administrative law, which makes it necessary to include the gender focus in the discipline to determine the State’s responsibility for not displaying diligent behavior in the prevention of gender violence.