Protective measure for women is now granted in summary form

President Luiz Inácio Lula da Silva sanctioned a bill with amendments to the Maria da Penha Law to allow the right to summary protective measure, that is, from the moment the victim makes a complaint to the police or presents his/her allegations in writing. The changes were published in this Thursday’s edition (20) of the Official Gazette and include, among other points, three new items in Article 19 of the law, which deals with urgent protective measures. “Urgent protective measures will be granted in summary judgment based on the victim’s testimony before the police authority or the presentation of her written allegations and may be rejected in the event of an assessment by the authority that there is no risk to the physical, psychological, sexual, patrimonial or moral of the victim or her dependents”, says the text. According to the amendments, urgent protective measures must 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 text also says that the urgent protective measures will remain in force as long as the risk to the physical, psychological, sexual, patrimonial or moral integrity of the victim or her dependents persists. According to specialists, domestic and family violence against women constitutes a form of violation of human rights, regardless of sexual orientation and occurs when there is any action or omission based on gender that causes death, injury, physical, sexual or psychological suffering and harm. moral or patrimonial. It also occurs in cases of any intimate relationship of affection, in which the aggressor lives or has lived with the victim, regardless of cohabitation. According to the National Council of Justice (CNJ), the law establishes that every case of domestic and intra-family violence is a crime, must be investigated in a police investigation, sent to the Public Ministry and judged in the specialized courts of domestic violence against women and, in cities where they do not yet exist, in criminal courts. The law also typifies situations of domestic violence, prohibits the application of monetary penalties to the aggressors, extends the sentence from one to up to three years in prison and determines the referral of women in situations of violence, as well as their dependents, to programs and protection and social assistance services.Sanctioned on August 7, 2006, the law was named Maria da Penha in honor of pharmacist Maria da Penha Maia Fernandes, whose husband tried to kill her twice and who, since then, has been to dedicate themselves to the cause of combating violence against women.

Agência Brasil