The approved measure establishes that, in order to leave a business relationship, a woman must adopt Civil Code procedures and communicate MP
On Wednesday (June 15) the CDH (Human Rights Commission) approved a proposal by the senator Jorginho Mello (PL-SC) that gives the battered woman the right to leave society with the aggressor.
Reported by Senator Daniella Ribeiro (PSD-PB), with a report read in the collegiate by Senator Paulo Paim (PT-RS), the project goes to the CCJ (Constitution and Justice Commission).
O PL 3,393/2021 establishes that, in order to leave the company, a woman must adopt the procedures provided for in the Civil Code (Law 10,406, of 2002) and communicate the decision to the Public Ministry and the competent authorities for the registration of the business.
The proposal also amends the Penal Code (Decree-Law 2,848, of 1940) to prevent exemption from punishment in cases of crimes against property committed through domestic and family violence against women.
In this case, the bill requires that public action be initiated even if the victim does not file a complaint against the aggressor. Currently, perpetrators of property crimes committed through violence against women are allowed to receive the benefit. Furthermore, today they can only be sued in court by the victim.
Violence
Jorginho Mello argues that there are many women who are family members and end up forced to participate in commercial transactions pressured by authoritarian and violent partners, parents, children or siblings. According to the author, in a context of domestic violence, they remain in society against their will and under threats, even suffering financial losses.
For Daniella Ribeiro, the project exposes one of the most invisible facets of domestic and family violence: property violence. The retention, subtraction and partial or total destruction of objects, work instruments, personal documents, assets, values and economic rights or resources are considered patrimonial violence.
Even with advances in terms of gender parity, argues the senator, the belief that the man is the head of the household and the main (or exclusive) provider of the family’s economic support persists. This normalizes the perception of women’s inferiority and their role of submission in the face of male economic power, according to Daniella.
Also according to the rapporteur, property violence creates favorable conditions for other types of violence: “The financial dependence of the aggressor makes it difficult or even prevents the battered woman from finding a way out to end the cycle of violence in which she is immersed. With no economic capacity, she faces numerous obstacles to move away from the aggressor — such as moving, supporting herself, and feeding her children, for example ”, exposed.
With information from Senate Agency.
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