Law Henry Borel Law Really took one more step to become a reality. To establish specific protective measures for child victims and adolescents Domestic violence And the proposal would be approved if family members and children and adolescents under the age of 14 were considered heinous crimes.
Last Tuesday (3), the proposal (PL 1.360 / 2021) was finally voted on by the Chamber of Deputies. The law is named after Henry Borel, a 4-year-old boy who was beaten to death last year in the apartment where he lived with his mother and stepfather in Rio de Janeiro.
The bill was passed in the Senate in March this year. The reporter, Senator Daniela Ribeiro (PSD-PB), made several changes to the text and most of them were adopted by deputies, one of which included the obligation to promote programs to strengthen positive parenting, education without corporal punishment and against children and adolescents. Steps to Prevent and Cope with Domestic and Domestic Violence.
According to the project, deputies Ale Silva (Republican-MG), Carla Zambeli (PL-SP) and Jacqueline Casol (PP-RO), Maria da Penha Act (Act 11,340, 2006) will be taken as a reference. For defensive measures, police and legal procedures and for receiving medical and social assistance.
In the case of violence against women, such offenses against children and adolescents, regardless of the punishment imposed, cannot be ruled by special court law. Therefore, converting fines into basic food baskets or isolating fines is prohibited.
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Remove from aggression
If there is an imminent threat to the victim’s life or integrity, the aggressor must be immediately removed from the home or cohabitation place by the judge, chief or even the police (where there is no chief).
The bill states that police authorities must immediately refer the victim to the Unified Health System (SUS) and the Legal Medical Institute (IML); Send victims, family members and witnesses (if children or adolescents) to the Guardian Council; Ensuring police security if necessary; And arrange for the victim or, if applicable, his / her guardian or partner to be transported to a shelter or safe place in a life-threatening situation.
After that, the judge must be notified and have 24 hours to decide on other defensive measures, such as the immediate seizure of firearms in the possession of the aggressor; The incident must be reported to the Public Prosecutor’s Office for appropriate action; And, if necessary, make referrals to the person responsible for the child or adolescent to the legal aid agency.
Other protective measures may also include the victim and her family being assisted by social assistance agencies; Inclusion in the Victim or Witness Protection Program; Sending children or adolescents to institutional asylum programs or alternative families if necessary; And your enrollment in the school closest to where you live, regardless of the vacancy.
Ministry of Public Works
According to the final wording of the approval, the Ministry of Public Works will have new features, such as the police force and public health, education, social assistance and security services, among others; And visit governmental and non-governmental organizations that provide assistance to children and adolescents in situations of domestic and domestic violence, and take appropriate administrative or judicial action if irregularities are found.
At any stage of a police investigation or criminal investigation, the assailant may be restrained, but the judge may withdraw it if there is no reason to maintain it. Representatives of children and adolescents who are victims of domestic violence, unless they are guilty of aggression, must be informed of the process against the aggressor, especially of his entry and exit from prison.
The Guardian Council may request that the attacker be removed from the home, residence or place of coexistence with the victim. In the event of a risk to the victim’s physical integrity or the effectiveness of the emergency defense system, the detainee will not be temporarily released.
Action against the attacker
Protective measures against the attacker are also similar to the Maria da Penha law, such as eviction from home; No access to victims and their family members; Prohibition to go to certain places; Restriction or suspension of visits to children or adolescents; Attendance at recovery and re-education activities; And suspension of possession or restriction of carrying a weapon.
Failure by the attacker to comply with the defense measures can result in imprisonment for 3 months to 2 years. In the case of the arrest of Flagrante delicto (for example, prohibited methods of hunting), release on bail can only be granted by a judge.
The authorized text amends the penal code to consider murder against a minor under the age of 14 as a type worthy of 12 to 30 years in prison, if the victim is or is a disabled person, increasing from one-third to one-half. A disease that refers to an increase in your weakness.
The increase will be up to two-thirds if the offender is a descendant of the victim, stepfather or stepmother, uncle, brother, wife, partner, guardian, curator, tutor or employer or any other authority over the victim.
The law restricting the use of violence against children and adolescents will begin at the age of 18, as is currently the case with crimes against sexual dignity. The statute of limitations is the period after which the state can no longer judge a suspect.
For detentions relating to crimes against honor (for example, defamation, defamation, and defamation), one of the approved amendments includes one-third increase in conviction cases, except for defamation, offenses against children and adolescents. Which code provides for solitude.
The registration of emergency protection measures must be maintained by a judge and maintained and controlled by a database of National Council of Justice (CNJ), which guarantees access to members of the guarantee system created by Act 13.341 of 2017. Near the Public Prosecutor’s Office, the Public Defender’s Office, and public security and social assistance agencies
The purpose of the system will also be to map the types of violence in the national territory and their characteristics; Prevent these actions; To stop them; Prevent its recurrence; Promoting the care of children or adolescents to reduce the consequences of violence; And promoting the inalienable compensation of the rights of children and adolescents.
To achieve this, unions, federal districts, states, and municipalities will be able to create and promote: comprehensive and multidisciplinary care centers; Space for family and institutional care and sponsorship programs; Police stations, public defenders’ offices, health services and specialized medico-legal expert centers; Programs and campaigns to combat domestic and domestic violence; And education and rehabilitation centers for offenders.
The statistics that these data will generate should be incorporated into other systems, such as the Unified Social Assistance System (SWAS) and the justice and security system.
These services must respect privacy and share information collected from victims, family members and other members of their emotional networks.
In the Children and Adolescents Act, PL 1,360 / 2021 includes other activities where the three spheres of government (federal, state and municipality) must work in a clear way, such as promoting and conducting educational campaigns on instruments for human protection. The rights of children and adolescents, including existing reporting channels.
They need to permanently train police, education professionals and parent councils to identify situations of violence and aggression; And highlighting the subject in the school curriculum at all levels of education.
The project assigns responsibility to anyone who is aware or witnessing violence, in a public or private place, either through the National Human Rights Ombudsman’s Dial 100, to the Guardian Council or to the police authorities.
If you do not communicate, you could face up to six months to three years in prison, up to more than half, if left out, causing serious bodily harm, and up to three times death.
The authorized text, on the other hand, provides for the protection and compensation of the person who condemns this type of crime and the guarantee of action. In addition to the witness protection program, where the whistle blower may be included as a threat of forcible severity or threat to physical or mental integrity, he or she may be temporarily placed under the protection of a public security agency until a final decision is made on other measures. Is taken..
For parent councils, the project creates other features, such as helping children and adolescents who are victims or witnesses of domestic and domestic violence, or victims of cruel or abusive behavior or violent forms of education, correction or discipline.
The service should also be extended to their family members to provide guidance and advice on their rights and the necessary referrals. The council may represent the police chief or the public prosecutor’s office to request that precautionary measures be taken to protect the whistleblower from this crime.
Agency Camara de Noticias with information
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