Following a request to Brazil’s Federal Supreme Court (Supremo Tribunal Federal or “STF”) by then-President Luiz Inácio Lula da Silva, the STF reviewed and upheld the constitutionality of the Lei Maria da Penha (“LMP”). The LMP is Brazil’s first law to address the problem of domestic violence against women on a national scale.
This case refers to a writ filed by the accused in order to not apply to his case Article 41 of Law 11.340/ 2006 (Maria da Penha Act). Article 41 states that the domestic crimes committed against women cannot be tried by the procedural rite of 9.099/1995 (Small Courts Act), which regulates the trial of petty offenses. The accused argued that his conduct did not fit into Article 41, and that applying this article would be unconstitutional for giving special treatment to women. The Supreme Court of Brazil denied the order and declared Article 41 constitutional.
The Supreme Federal Court of Brazil (STF) revoked the pretrial detention order issued against staff and patients of a clinic that was alleged to have been performing clandestine abortions. The 2ND Panel of STF found that criminal laws against abortion were unconstitutional with respect to the case in hand, and the criminalization of voluntary termination of pregnancy during the first three months was incompatible with the protection of multiple fundamental rights of women. The decision set an important precedent for the sexual and reproductive rights of women in Brazil.
In this case, the 2nd panel of the Brazilian Federal Supreme Court (Supremo Tribunal Federal or “STF”) issued a landmark ruling that pregnant women, mothers of children up to the age of 12, and mothers with disabled children accused of non-violent crimes should be permitted to await trial under house arrest rather than in detention. Justice Ricardo Lewandowski of the STF granted in this judgment habeas corpus ex officio so that women with children who had been arrested prior to this ruling and have not yet been placed under house arrest are entitled to the benefit.
The Brazilian Federal Supreme Court (Supremo Tribunal Federal or “STF”) denied the petition for writ of habeas corpus of the petitioner, who had been convicted by the Superior Court of Justice (“STJ”) of raping his two minor daughters, both under the age of 14, over a period of five years. Although the petitioner had been sentenced to 16 years and 8 months in jail for his crimes, the lower court subsequently reduced the petitioner’ sentence by one-quarter, pursuant to Presidential Decree No.
Article 160 increases the penalty for murder to 20-24 years in prison if the crime was motivated by racial, religious, or political hatred, or generated by color, ethnic, or national origin, sex, sexual orientation, or gender identity of the victim.
O artigo 160 aumentou a pena para o crime de homicídio para 20-24 anos de prisão se o crime for motivado por ódio racial, religioso, ou político, ou gerado pela cor, etnia, ou origem nacional, sexo, orientação sexual, ou identidade de gênero da vítima.
Federal Law No. 11.340/2006 commonly known as “Lei Maria da Penha” (or Maria da Penha Act) creates a new body of legal provisions regarding domestic and familiar violence against women in Brazil and requires that public authorities develop policy and measures that aim to guarantee women's human rights within the scope of domestic and family relations. The law also addresses urgent protective measures for victims.
The law defines domestic and familiar violence against women as any action or inaction based on gender that results in death, injury, physical, sexual or psychological suffering, or moral or property damage within the domestic unit (space for the permanent conviviality of people, with or without family ties), within a family unit (individuals who are or consider themselves to be related, united by natural ties, affinity, or express will) or within any intimate relationship, regar
The law decrees that a judge shall determine, for a defined period of time, the inclusion of the woman in a situation of domestic and family violence in the registry of assistance programs of the federal, state and municipal government. (Article 9). Article 10-A sets guidelines on how the victim's assistance will be handled by the police authority and guarantees specialized police and forensic care to be provided by previously trained officers - preferably female.
The Maria da Penha Act alters the penal procedure code to allow the judge to order preventive custody when there is risk to the physical or psychological integrity of the woman. (Article 42). Article 45 alters the law of criminal enforcement to allow the judge to determine the obligatory attendance of the aggressor in recovery and re-education programs.
