The chamber has approved protective measures for children victims of domestic violence

05/03/2022 – 23:08
Updated on 05/03/2022 – 23:28

The Chamber of Deputies approves a bill that sets out and considers specific protections for children and adolescents who are victims of domestic and domestic violence. Heinous crime Murder of children and adolescents under 14 years of age. The proposal, dubbed the Henry Borel Act, refers to a 4-year-old boy who died last year of internal bleeding after being beaten in the apartment where he lived with his mother and stepfather in Rio de Janeiro.

This Tuesday (3), the Plenary Reporter followed the opinion of Deputy Carmen Zanotto (Citizenship-SC) and approved the amendment of most of the senators in Bill 1360/21 by Deputy Ale Silva (Republican-MG) and Carla Zambeli (PL-SP). . The text will be sent to the President for approval.

Paolo Sergio / Chamber of Deputies

Carmen Zanotto, Project Reporter

The Maria da Penha Law (Law 11,340 / 06) is taken as a reference for protective measures, policing 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.

Defensive measures
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 and, if applicable, his / her guardian or partner to be transported to a shelter or safe place at the risk of life.

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; Report the incident 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 word sent for approval, the public ministry will have new features, such as acquiring the police force and public health, education, social assistance and security services; And visit government and non-government 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.

Preventive detention
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; And 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.

Property violence
The law that regulates the protection of the rights of children and adolescents who are victims or witnesses of violence (Act 13,431 / 17), defines the project as any act of perpetuating, subtracting, partially or completely destroying patriarchal violence against this group. Their documents. Individuals, assets, values ​​and economic rights or resources, including those intended to meet their needs, have the condition that the measure is not qualitatively educational.

Worthy killing
Approved text amends penal code to make murder against a minor under the age of 14 punishable. Solitude From 12 to 30 years, increased from 1/3 to half if the victim is a disabled person or has a disease that exacerbates their vulnerability.

The increase will be up to 2/3 if the victim has authority over the victim by descent, stepfather or stepmother, uncle, brother, wife, partner, tutor, curator, counselor or employer or any other title.

On the other hand, the approved Senate amendment removes the penalty of manslaughter from 1/3 to half if a crime is committed against a person under 14 years of age.

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 related to offenses against honor (e.g., defamation, defamation, and defamation), one of the approved amendments includes a 1/3 increase in convictions for offenses against children and adolescents without defamation that the Code provides for privacy.

The registration of emergency protection measures must be maintained by Justice and maintained and regulated by a database of National Council of Justice (CNJ), which guarantees access to the members of the guarantee system created by Act 13.341 / 17. Ministry of Public, Public Defender’s Office and Public Security and Social Assistance Agency.

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 this end, unions, federal districts, states, and municipalities may create and promote:

  • Comprehensive and multidisciplinary care centers;
  • Space for family and institutional care and sponsorship programs;
  • Police stations, public defender’s 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.

Educational campaigns
In the Children and Adolescents Act, PL 1360/21 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 guardianship councils to identify situations of violence and aggression; And highlighting the subject in the school curriculum at all levels of education.

Paolo Sergio / Chamber of Deputies

Deputy Al Silva is one of the authors of the bill

The Senate Amendments that have been passed include the obligation to promote positive parenting, education without corporal punishment, and to strengthen programs to prevent and combat domestic and domestic violence against children and adolescents.

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.

On the other hand, the authorized text prescribes protection and compensation for 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.

Teachers’ Council
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.

Learn more about bill processing

Reporting – Eduardo Piovesan
Edit – Pierre Triboli

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