Project that modifies the Maria da Penha Law guarantees protection to women without them having to go through a court hearing
The Chamber of Deputies approved on Tuesday (21.Mar.2023) a bill that determines the summary granting of urgent protective measures to women based on a complaint made to any police authority or in writing. The proposal will be sent for presidential sanction.
O Bill 1604/22of the Senate amends the Maria da Penha Law. According to the rapporteur’s amendments, deputy Jandira Feghali (PCdoB-RJ), approved, the protective measures may be rejected in case the authority assesses that there is no risk to the physical, psychological, sexual, patrimonial or moral integrity of the victim or her dependents.
Author of the project, the former senator and current Minister of Planning, Simone Tebetstated that the objective is to avoid different interpretations by judges or police officers, who use supposed loopholes to not grant protection, failing to apply the law.
Criminal classification
Another section that will be added to the law says that the protective measures will be granted regardless of the criminal classification of the violence, the filing of a criminal or civil action, the existence of a police investigation or the registration of a police report.
The protective measures shall remain in force as long as there is a risk to the physical, psychological, sexual, patrimonial or moral integrity of the victim or her dependents.
all situations
The project that will go to the president’s sanction Luiz Inacio Lula da Silva (PT) also includes a new article in the Maria da Penha Law. The excerpt says that the legislation applies to all situations of domestic and family violence against women, regardless of the cause or motivation of these acts or the condition of the offender or victim.
One of the approved wording amendments, however, removed from the operative text that considered gender-based violence every situation of domestic and family violence against women.
The rapporteur stated that the removed text was redundant. According to Feghali, although the law is founded on the principles of prevention, protection and punishment, what is seen “is that such principles have been systematically annihilated by a restrictive judicial interpretation that does not apply the law to cases in which there are collateral conflicts, disputes regarding child custody, brother violence against sister, grandchild against grandmother, in property conflicts and even in cases where the aggressor was drunk or under the influence of drugs”.
Feghali’s opinion was read in Plenary by the deputy Luisa Canziani (PSD-PR).
Debate
the deputy Soraya Santos (PL-RJ) highlighted that “it was a very big struggle for the Judiciary and the Public Prosecutor’s Office to understand that neither the police nor the delegates would be invading competence”, referring to the 1st change in the law on urgent measures, such as removal of the aggressor. “And now this concern has come to the fore again and we have achieved consensus across all parties.”, he stated.
the deputy Delegate Ione (Avante-MG) highlighted that the intention of the project is to accelerate the granting of protection to women. “What was going on? Often, protective measures were rejected or delayed in being granted. And now there won’t be a trial. There is no need to be questioned whether there was violence or not, there is no need to be questioned about criminal classification or not, and this is very important“, he said.
Already the deputy Abilio Brunini (PL-MT) lamented the ineffectiveness that may currently occur at the police station. “I get very worried when a woman goes to a police station, files a police report and nothing happens. She returns home and lives with that person who attacks her, sometimes not only physically, but morally.“, he said.
to the deputy Pompeo de Mattos (PDT-RS), “when it comes to protecting women, everything else this House does we must support”. According to him, “women need to be welcomed, valued and respected, and if they don’t respect them because they don’t have self-respect, there needs to be a law to impose respect”.
With information from Chamber Agency.
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