The project also toughens penalties in cases of aggression and crimes against honor; text will be analyzed by the CCJ
The bill that expands the possibilities of preventive detention and toughens penalties for cases of domestic violence was approved on March 13th by the CDH (Human Rights Commission). From the senator Chico Rodrigues (PSB-RR), the text received a favorable opinion from the senator Humberto Costa (PT-PE) and was presented by senator Augusta Brito (PT-CE). The matter now goes to the CCJ (Constitution and Justice Commission)
The objective of PL 490/2021 is to guarantee the possibility of preventive detention for crimes such as threat, injury and bodily harm in the family context, which usually precede femicide. In the understanding of the author and the rapporteur, the current wording of the Criminal Procedure Code suggests that it would be mandatory to apply an urgent protective measure before decreeing preventive detention. And only in the case of non-compliance with the measure would it be possible to arrest the aggressor.
The proposal meets the understanding of a working group created by the CNJ (National Council of Justice) to deal with domestic violence. The magistrates pointed out the need to expand preventive detention in cases based on the Maria da Penha Law. At least 1,341 women were murdered in Brazil for gender-related reasons in the first half of 2021, according to data from the Brazilian Public Security Forum.
“The increase in custodial sentences, as well as their subsequent application, will have a deep impact on society. Those who experience the severity of increased sentences will do those who are still in the process of committing crimes the favor of warning them about the future that awaits them. It is about, in addition to educating, saving and protecting lives today”, stated Augusta Brito when reading the vote.
New feathers
In addition to expanding preventive detention, the project toughens penalties related to violence against women. For bodily harm, the penalty doubles if it is committed against the woman. Today the law orders the sentence to be increased by 1/3. The proportion is similar to that established by the Feminicide Law (13,104/2015).
For crimes against honor, which include slander, insult and defamation, the project increases the penalty by 1/3 if they are committed against women in the context of domestic and family violence. In the case of a threat made against a spouse or partner, the penalty, which currently is one to 6 months of detention, will increase to 3 months to 1 year of detention.
With information from Senate Agency.
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