“Hope!” this is how businesswoman, former model and activist in the fight against domestic violence, Luiza Brunet, defined the proposal that creates the Victim Statute, the Bill (PL) 3890/20.
The statute guarantees victims of crimes and also of natural disasters or epidemics that result in physical, emotional or economic damages, rights such as protection, information, communication, support, assistance, attention and individualized and non-discriminatory professional treatment from their first contact with health, rescue and public safety professionals who perform essential functions of access to justice.
“It is of enormous humanitarian importance to create conditions to support a victim, so that she remains standing and has the strength to move forward”, said the businesswoman.
“The importance of the Victim Statute is that it will meet their main needs, such as emotional support, protection of their integrity, reparation, restitution, accountability of the offender, respect and care”, added Luiza, who moved the parliamentarians, during a public hearing at the Chamber of Deputies to debate the issue, reporting the history of physical and psychological violence suffered since childhood.
Violence from childhood
To the deputies, Luiza reported having experienced cases of violence, when she was still young, practiced by her father, who was an alcoholic. As a teenager, she was sexually abused in a house in the suburbs of Rio de Janeiro where she worked. The episode made her resign from her job, which was one of the main sources of income for the family, made up of her mother and brothers. In her late teens, Luiza began to succeed as a model and began to suffer sexual harassment due to her new job.
“In the modeling career, in the 80’s, women were much more objectified and I started to suffer a lot more violence because of that and I had to try to escape harassment, which I didn’t know was moral and sexual, and often , I left work and did not continue. I am saying this to say that the victim suffers for a lifetime,” she reported.
The most recent case of violence that generated the greatest repercussion took place in 2016, when Luiza was a victim of domestic violence by her former partner, businessman Lírio Parisotto. The assaults resulted in bruises on his face, body and four broken ribs.
In addition to physical violence, there was also verbal and psychological violence, which, according to the model, had already occurred two years earlier. When seeking redress in Justice, however, Luiza had her complaint discredited, with accusations such as “coup” and “interesting”.
“In my second marriage, I suffered domestic violence at the age of 54 and I decided to break the cycle of violence and, from then on, I started to dedicate myself to talking to women about denouncing this violence. And I am very happy to be part of a change in behavior because of my speech that became amplified and my case that became notorious throughout Brazil”, said Luiza.
“When you reported domestic violence, instead of being welcomed, you were judged. Some people said that you gave reason for this to happen and I said that you are a victim”, said deputy Jaqueline Cassol (PP-RO).
Analyze
Under analysis by a working group in the Chamber of Deputies, the text of the Victim Statute was authored by deputy Rui Falcão (PT-SP) and signed by 33 other parliamentarians. Among other points, the statute provides for the obligation to carry out a medical examination to verify psychic damage when this is requested and also explains the victim’s right to receive compensation for material, moral and psychological damages caused by the criminal agent or by the omission of the Federal Government. Public.
In addition, it also provides, in the event of public calamities and natural catastrophes, damage repair to cover treatment costs and reimbursement of expenses. These rights also apply to family members in the event of the victim’s death or disappearance and provided that they are not responsible for the facts.
“When I bent down to read the Victims’ Statute, it gave me a lot of hope that change will come and it has arrived complete. I imagine the families of Brumadinho, those of Petrópolis and how they found themselves losing their entire history, their life, their legacy”, said Luiza.
The bill also says that the victim has the right to receive guidance on their rights, as soon as the police report is drawn up. To this end, it will be up to the police authority to provide evidence of material, moral or psychological damage caused to the citizen.
Judicial authorities, in turn, must adopt all necessary measures to protect the physical, psychological and moral integrity of the victim, who may access, at any time, their medical records or public documents related to the traumatic event.
Government
The Minister of Justice and Public Security, Anderson Torres, defended the proposal and said that it is necessary to change the way victims are treated. According to him, the ministry is following the debate with interest and will make suggestions in the text proposal.
“We intend to change the course of treatment and the way victims are seen in our country,” he said. “A person whose life has been made difficult due to a crime often feels discriminated against and does not have the slightest support from the Brazilian State,” Torres said.
The statute says that support for victims of crimes and calamities must be provided by entities that are part of the single Health and Social Assistance systems, and may be provided by volunteers, non-governmental or religious organizations. The victim will also have the right to be assisted by professionals in the areas of health and social assistance for the necessary and sufficient time to overcome the trauma to which he was submitted, as well as the provision of vocational and rehabilitation services.
Perception change
For the representative of the National Council of the Public Ministry (CNMP) Marcelo Rabello de Souza, the statute promotes a cultural transformation in the way the victim is perceived by the authorities and society.
“If the dignity of the accused, the prisoner, has to be respected, valued, the victim’s dignity too. We have today a penal and criminal procedural system that treats the victim as an appendix. When we look at the victim, it is to qualify a crime,” said Rabello de Souza.
“The project treats the victim not only in the criminal area. Anyone can be a victim and we are seeing this now, the victims of public calamity in Petrópolis and the floods in the country. These people have social security rights, to an inventory, to an indemnity or not, to a guarantee fund. They are victims of a situation. It’s another type of victim and another type of relationship that you must have,” he argued.
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