Domestic Violence Against Women: Prevention, Protection, and Assistance
Introduction
This law establishes mechanisms to curb and prevent domestic violence against women, pursuant to § 8 of art. 226 of the Constitution, the Convention on the Elimination of All Forms of Violence against Women, the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women and other international treaties ratified by the Federative Republic of Brazil. It provides for the creation of Special Courts for Domestic and Family Violence against Women, and establishes measures to protect and assist women in situations of domestic and family violence.
Domestic Violence
(Included by Law No. 10,886 of 2004)
CP Article 129 § 9 If the injury is inflicted on ascending, descending, brother, spouse or partner, or with whom the person lives or has lived, or even relying on the agent of domestic relations, cohabitation or hospitality: (Writing by Law No. 11,340, 2006) Penalty – detention of 3 (three) months to three (3) years. (Writing by Law No. 11,340, 2006)
Definition of Domestic Violence
Article 5 For the purposes of this Act, sets domestic and family violence against women any action or omission based on gender which causes death, injury, suffering physical, sexual or psychological and moral harm or sheet:
I – within the household, understood as the permanent living space for people with or without family ties, including the sporadically aggregated
(Maid), (homely AGGRESSION IN CONNECTION WITH OR WITHOUT FAMILY)
II – in the family, understood as the community formed by individuals who are or consider themselves akin, joined by natural ties, by marriage or by express will;
III – in any intimate relationship of affection, in which the perpetrator shares or has lived with the victim, regardless of cohabitation.
Sole Paragraph. Personal relationships described in this article are independent of sexual orientation
Forms of Domestic Violence
Ø Ways to domestic and family violence: Art 7
Article 7 are forms of domestic violence against women, among others:
I – physical violence, understood as any conduct which offends their bodily integrity or health;
II – psychological violence, understood as any conduct that will cause emotional damage and lower self-esteem or that will disturb and undermine the full development or seeking to degradeor control their actions, behaviors, beliefs and decisions, by threat, embarrassment, humiliation, manipulation, isolation, constant surveillance, harassment stubborn, insult, blackmail, ridicule, exploitation and restriction of the right to come and go or other means that will cause injury to the psychological health and self-determination;
III – sexual violence, understood as any conduct that embarrass the witness, to maintain or participate in unwanted sexual intercourse, through intimidation, threat, coercion or use of force that leads to market or to use in any way , their sexuality, that it would not use any contraceptive method or the force to marriage, pregnancy, abortion or prostitution through coercion, blackmail, bribery or manipulation, or to limit or nullify the exercise of their rights and sexual reproductive rights;
IV – violence equity, understood as any conduct that set retention, subtraction, partial or total destruction of your objects, tools, personal documents, goods, securities and rights or economic resources, including those designed to meet their needs;
V – the moral violence, understood as any conduct that set slander, libel or slander.
Preventive Measures
Ø Preventive Measures – Art 8:
CHAPTER I
INTEGRATED PREVENTION MEASURES
Article 8 The public policy that aims to restrain domestic violence against women far will be through a coordinated set of actions of the Union, States, Federal District and municipalities and non-governmental actions, having the guidelines:
I – the operational integration of the judiciary, prosecutors and public defender’s office in the areas of public safety, welfare, health, education, employment and housing;
II – to promote studies and research, statistics and other information relevant to the perspective of gender and race or ethnicity, relating to the causes, consequences and frequency of domestic violence against women, for the systemization of data, to be unified nationally, and periodic evaluation of the results of actions taken;
III – the respect in the media, ethical and social values of the person and the family in order to curb the stereotypical roles that legitimize or exacerbate domestic violence, according to the provisions of Part III of Art. http://www.planalto.gov.br/ccivil_03/Constituicao/Constituiçao.htm> First, in section IV of Art. 3rd http://www.planalto.gov.br/ccivil_03/Constituicao/Constituiçao.htm> and IV of Article. http://www.planalto.gov.br/ccivil_03/Constituicao/Constituiçao.htm> 221 of the Federal Constitution;
IV – the deployment of specialized police service for women, particularly in police stations for Assistance to Women;
V – the promotion and educational campaigns to prevent domestic violence against women, focused on the public school and society in general and the dissemination of this Act and the instruments of human rights protection of women;
VI – the conclusion of agreements, protocols, arrangements, terms or other instruments for the promotion of partnership between government agencies or between them and non-governmental entities, aiming to implement programs to eradicate domestic violence against women;
VII – the ongoing training of civil and military police, the Municipal Guard, Fire Brigade and belonging to professional bodies and the areas listed in item I on the issues of gender and race or ethnicity;
VIII – the promotion of educational programs that disseminate ethical values of unrestricted respect for human dignity with the perspective of gender and race or ethnicity;
Ninth – the emphasis in school curricula at all levels of education, to the content relating to human rights, gender equity and race or ethnicity and the problem of domestic violence against women.
Relief Measures
Ø Relief Measures – Art 9.
CHAPTER II
ASSISTANCE TO WOMEN IN THE STATE OF DOMESTIC VIOLENCE AND FAMILY
Article 9 The assistance to women in situations of domestic violence will be provided in a coordinated and consistent with principles and guidelines contained in the Organic Law of Social Assistance in the Health System, the System of Public Security, among other standards and policies for protection, and an emergency when necessary.
§ 1 The judge will determine, for a limited period, the inclusion of women in situations of domestic violence and family welfare programs in the register of federal, state and municipal levels.
2 § A judge shall ensure to women in situations of domestic violence, to preserve their physical and psychological:
I – Priority access removal when a public servant, member of the direct or indirect administration;
II – maintenance of the employment contract, if necessary the removal of the workplace for up to six months.
3 § Assistance to women in situations of domestic violence and family will understand the benefits of access to scientific and technological development, including the departments of emergency contraception, the prevention of Sexually Transmitted Diseases (STD) and Acquired Immunodeficiency Syndrome ( AIDS) and other medical procedures necessary and appropriate action in cases of sexual violence.
Article 11. In the treatment of women in situations of domestic violence, the police authority should, among other measures:
I – ensure police protection where necessary and report immediately to the Public Prosecution and the Judiciary;
II – transporting the injured to hospital or a clinic and the Institute of Forensic Medicine;
III – provide transportation for the injured and their dependents for shelter or safe place when there is risk of life;
IV – if necessary, accompany the injured to ensure the removal of his belongings from the site of occurrence or the family home;
V – to inform it offended the rights conferred by this Law and the services available.
Article 26. It is for the prosecution, without prejudice to other duties, in cases of domestic violence against women, as needed:
I – requisition police force and public health services, education, social welfare and security, among others;
II – to inspect public establishments and private initiatives to assist women in situations of domestic violence, and adopt without delay the appropriate administrative or judicial appeals in respect of any irregularities detected;
III – register cases of domestic violence against women.
Article 9 § 2 The judge will give the women in situations of domestic violence, to preserve their physical and psychological:
I – Priority access removal when a public servant, member of the direct or indirect administration;
II – maintenance of the employment contract, if necessary the removal of the workplace for up to six months.
Ø Protective Measures – Arts. 22, 23 and 24:
Of urgent protective measures that oblige the aggressor
Article 22. Given the practice of domestic and family violence against women, under this Act, the judge can apply immediately to the offender, together or separately, the following urgent protective measures, among others:
I – suspension or restriction of possession of firearms possession, with notice to the competent body in accordance with Law 10,826 of December 22, 2003 http://www.planalto.gov.br/ccivil_03/LEIS/2003/ L10.826.htm>;
II – removal of the home, residence or place of living with the injured;
III – prohibition of certain conduct, including:
a) approach the victim, their families and witnesses, setting the minimum distance between them and the offender;
b) contact with the victim, witnesses and their families by any means of communication;
c) attendance of some places in order to preserve the physical and psychological integrity of the injured;
IV – restriction or suspension of visits to minor dependents, heard the team of multidisciplinary care or similar service;
V – the provision of interim or provisional maintenance.
§ 1 The measures referred to in this Article shall not prevent the application of other under the laws in force where the safety of the injured or the circumstances require, must be reported to the Providence Public Prosecution.
§ 2 In the event of application of section I, being the aggressor in the conditions mentioned in the heading and items of art. 6 of Law 10,826 of December 22, 2003 http://www.planalto.gov.br/ccivil_03/LEIS/2003/L10.826.htm>, the judge shall notify the respective agency, corporation or institution measures urgent protective granted and determine the restriction of the carrying of weapons, being the immediate superior of the aggressor responsible for compliance with the court order, under penalty of the crimes of dereliction of duty or disobedience, as appropriate.
§ 3 To ensure the effectiveness of urgent protective measures, the judge may order at any time, aiding the police force.
§ 4 applies to cases under this article, where applicable, the provisions of the caput and in § § 5 and 6 of Art. 461 of Law 5869 of January 11, 1973 (Code of Civil Procedure).
Section III
Of urgent protective measures to Offended
Article 23. The judge may, when necessary, without prejudice to other measures:
I – transporting the injured and their dependents to government or community program of protection or assistance;
II – to determine the renewal of the injured and their dependents to their home, after removal of the aggressor;
III – to determine the removal of injured at home, without prejudice to the rights relating to property, child custody and alimony;
IV – require the separation of bodies.
Article 24. For the protection of patrimonial assets of the marriage or those privately owned by the wife, the judge may determine, first, the following measures, among others:
I – restitution of property wrongfully deducted by the offender offended;
II – temporary ban for the celebration of acts and contracts of sale, purchase and lease of common property, unless express authorization;
III – suspension of attorney conferred by the offended to the offender;
IV – to provide interim bail by judicial custody, for loss or damage arising from the practice of domestic and family violence against the aggrieved.
Sole Paragraph. The judge must officiate at the office competent for the purposes specified in items II and III of this article.
PCPP Article 313. In any circumstances, as provided in the preceding article, shall be accepted for adjudication probation in intentional crimes: (Writing by Law No. 6416 of 24/5/1977) http://www.planalto.gov.br/ccivil_03/LEIS / L6416.htm>
I – punishable by imprisonment; (Writing by Law No. 6416 of 24.05.1977) http://www.planalto.gov.br/ccivil_03/LEIS/L6416.htm>
II – punished with detention when it is established that the accused is or loafer, with doubt about their identity, not to provide or to indicate elements to account for it; (Writing by Law No. 6416 of 24/5/1977)
III – if the defendant has been convicted of another felony, in a final sentence, except as provided in the sole paragraph of art. 46 of the Criminal Code. (Writing by Law No. 6416 of 24.05.1977) http://www.planalto.gov.br/ccivil_03/LEIS/L6416.htm>
IV – whether the crime involved domestic violence against women under the law to ensure the implementation of urgent protective measures. (Included by Law No. 11,340, 2006) http://www.planalto.gov .br/ccivil_03/_Ato2004-2006/2006/Lei/L11340.htm>