South America

The law states that a judge may determine, within 48 hours, urgent protective measures (suspension of the aggressor’s license to carry weapon, removal of the aggressor from the home, keeping distance from the victim, among others), depending on the situation. (Article 18 and 22). In addition, the judge may, when necessary, impose other measures to protect the victim, such as direct the victim and her dependents to an official or community program of protection or assistance, or return of the victim and her dependents to their home after removal of the aggressor, among others.

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. The Act orders the creation of special courts for domestic and family violence against women with civil and penal competence to address family issues derived from violence against women.

Law No. 12,015, of August 7, 2009, amended Title VI of the Brazilian Penal Code to redefine and expand crimes against sexual dignity. The reform reorganized provisions on sexual crimes, establishing new classifications and penalties for acts against sexual freedom, crimes against vulnerable persons, and offenses related to prostitution and human trafficking for sexual exploitation.

Law No. 12,650/2012, known as the “Joanna Maranhão Law,” amended the Penal Code to modify the statute of limitations for crimes committed against children and adolescents.

This law allowed women to serve in the Brazilian army. Article 7 allows women to enter into the military line of education within five years of the law being passed (therefore it allowed women to commence combat training in 2016).

Referida lei federal permitiu que as mulheres servissem ao exército brasileiro. O artigo 7º da lei dispõe que as mulheres poderiam ingressar na educação militar em até 5 anos após a publicação da lei (o que foi efetivado em 2016).

Law No. 12,737, of November 30, 2012, known as the Carolina Dieckmann Law, amended the Penal Code to criminalize computer-related offenses. The law gained its name after a 2011 case in which actress Carolina Dieckmann’s personal computer was hacked, leading to the leak of intimate photos.

Law No. 12,845/2013, known as the “Minute After Law,” requires public hospitals within Brazil’s Unified Health System (SUS) to provide immediate, comprehensive, and free care to victims of sexual violence. The law mandates emergency, multidisciplinary treatment addressing both physical and psychological consequences, and referral to social services when necessary. The law defines sexual violence as any non-consensual sexual activity.

Law No. 13,931/2019 provides for the mandatory reporting of suspected or confirmed cases of violence against women. The law requires that, whenever there are indications or confirmation of violence, the case must be reported to the police authority within 24 hours, both to enable appropriate measures and for statistical purposes.

Law No. 14,132/2021 amended the Penal Code to introduce Article 147-A, which criminalizes the offense of stalking. The crime is defined as repeatedly pursuing someone, by any means, in a way that threatens their physical or psychological integrity, restricts their freedom of movement, or invades their privacy. The penalty is imprisonment from six months to two years and a fine.

Law No. 14,149/2021 of May 5, 2021 established the National Risk Assessment Form to be applied to women who are victims of domestic and family violence. The purpose of the form is to identify risk factors indicating the likelihood that the woman may suffer further violence in the context of domestic or family relationships. It functions as a tool to support the work of law enforcement agencies, the Public Prosecutor’s Office, the Judiciary, and protection and assistance networks in managing identified risks.