The relevant legislation on domestic violence in Brazil is divided between international ratified standards/policies and local legislation, as detailed in the below chart.

With respect to local legislation, the ratification of Law No. 11,340/2006 in 2006, regarding domestic and family violence (Lei Maria da Penha) ("Maria da Penha Law"), constituted a huge step forward against domestic violence in Brazil and is the most comprehensive statute related to this topic:

International standards

Decree No. 1,973/1996 Inter-American Convention to prevent, punish and eradicate violence against women.

Aims to prevent, punish and eradicate violence against women and imposes obligations on the signatory states.

Decree No. 5,017/2004. Protocol to prevent, suppress and punish human trafficking, especially of women and children.

Aims to prevent, suppress and punish the transnational organized crime of human trafficking, particularly of women and children.

Decree No. 4,377/2002. Convention for the elimination of all forms of discrimination against women.

Sets forth the international commitment to adopt effective measures to eliminate discrimination against women.

National laws

Law No. 11,340/2006/Maria da Penha Law.

Aims to prevent, punish and eradicate domestic violence and grant protection to victims, as follows:

• classifies and defines domestic violence as physical, psychological, sexual, patrimonial and moral violence
• establishes protective measures for victims of violence in the workplace, either public or private
• defines the procedure of attendance of victims of domestic violence in specialized police stations, such as providing the necessary medical services;
• establishes the creation of specialized courts and police stations for domestic violence matters
• prohibits the punishment for domestic violence to be restricted to fines or other forms of financial payments
• establishes protective measures such as removal of the offender from the home and suspension of visits by the offender to their children
• establishes the crime of violating protection orders. The penalty is three months to two years of imprisonment.
• creates the ability for a victim of domestic violence to leave the workplace for up to six months due to domestic violence issues
• establishes that the victim has the option of filing for divorce or dissolving a stable union in the court of domestic and family violence against women
• establishes that whoever, by action or omission, causes injury by physical, sexual or psychological violence or moral or patrimonial damage to the woman must reimburse all damages caused, including reimbursement to the Unified Health System (SUS), according to the SUS table, of the costs related to the health services provided for the total treatment of the victim.

Military Criminal Code (Discriminatory regulation) of 1969.

Establishes the crime of kidnapping for sexual gratification: the conduct of kidnapping women, through violence or serious threat, for sexual gratification, in a place where any effective military operations occur. The established penalty is from two to four years of imprisonment.

Federal Law No. 7,210/1984 1984 (including related amendments in 2006, 2009 and 2018).

Establishes rules for women who are held in prison, such as:

• Medical assistance must be provided to women, particularly in the prenatal and postpartum period, to include the newborn.
• There must be women offender prisons, where only women wardens are allowed.
• In cases of violence against women, the judge may consider rehabilitation programs as part of the sentence.

Criminal Procedure Code of 1941 (including related amendments in 2011, 2016, 2017 and 2018).

Establishes procedures for criminal offenses:

• In cases of domestic violence, it establishes the possibility of the offender's provisional arrest to guarantee the effectiveness of protective measures ordered in favor of the victim.
• In cases of domestic violence, the evidence collection will take priority over other technical exams.
• Only women can carry out a strip search of anotherwoman.
• It is prohibited to put handcuffs on pregnant women who are receiving medical/hospital treatment in preparation for childbirth or after.
• Home confinement is permissible as a substitution for the provisional arrest (before the trial) if the woman is pregnant or has a child up to 12 years old as long as she is not accused of violent crime/crime committed by serious threat or a crime against her children or any person who depends on her

Federal Law No. 13,642/2018.

Establishes that the federal police — in cooperation with others — will investigate cybercrimes that spread misogynistic content, defined as those that propagate hatred or aversion to women.

Criminal Code, Article 121, (introduced by Law No. 13,104/2015).

Sets special punishment for killing women exclusively because of their gender. A crime qualifies if the crime (i) involves domestic or family violence or (ii) disregard or discrimination against a person based on the fact that they are a woman. The established penalty is 12 to 30 years of imprisonment.

Criminal Code, Article 213 (introduced by Law No. 12,015/2009).

Establishes the crime of rape: to coerce someone through violence or serious threat, to practice sexual act or similar. The established penalty is six to 30 years of imprisonment.

Criminal Code, Article 215 (introduced by Law No. 12,015/2009).

Establishes the crime of sexual violation through fraud: the conduct of practicing sexual acts through fraud or any means that hinder the victim's free will. The established penalty is two to six years of imprisonment.

Criminal Code, Article 215- A (introduced by Law No. 13,718/2018).

Establishes the crime of sexual harassment: the conduct of practicing any libidinous act without consent to satisfy his/her own or a third party's lust. The established penalty is one to five years of imprisonment.

Criminal Code, Article 216-A (introduced by Law No. 10,224/2001).

Establishes the crime of sexual harassment: the conduct of harassing someone with the intention of obtaining sexual advantage or favor, based on the agent's hierarchical position or function in labor activities. The established penalty is one to two years of imprisonment.

Criminal Code, Article 216-B (introduced by Law No. 13,772/2018).

Establishes the crime of unauthorized production of sexual intimacy: the conduct of producing, photographing, filming or recording, by any means, nude content or sexual content without the authorization of the participants. The established penalty is six months to one year of imprisonment plus a fine.

Criminal Code, Article 129, §9º and 10 (introduced by Law No. 11,340/2006).

If bodily injury occurs in the context of domestic violence, the penalties will be increased.

Criminal Code, Article 61 introduced by Law No. 11,340/2006).

Establishes that for any crime committed (i) against pregnant women, (ii) under the circumstance of domestic relations, cohabitation or hospitality, and (iii) that involves violence against women as determined by a specific law, the punishment will be more severe.

Federal Law No. 14,022/2020 (Amendment to the Federal Law No. 13,979/2020 — measures to address the public health pandemic related to COVID-19).

Aims to prevent, punish and eradicate domestic violence and grant protection to victims during the public health emergency related to COVID-19. The amendment establishes the following:

• continuation of face-to-face victim services
• maintenance of the deadlines and analysis of the lawsuits involving domestic violence
• customization and improvement of online support and service channels
• protective measures will last as long as the federal law 13,979/2020 is in force
• protective measures are classified as urgent matters and will not be suspended due to the pandemic crisis
• creation of a campaign aiming to prevent domestic violence and provide access to reports channels

Law No. 13,715/2018.

Establishes the loss of "family power" (poder familiar) for the offender who commits feminicide (feminicídio), which means killing women, homicide or causes serious personal injury against a spouse, daughter or any other descendant.

Article 9, paragraph 2, Law No. 11,340/2009.

Provides that the judge may extend the employment relationship for six months if a victim has to be on leave due to domestic violence. In September 2019, the Brazilian Superior Court of Justice rendered one precedent extending the "sick leave allowance" to the women on the mentioned situation.

There are several precedents to aid in the fight against domestic violence. Below is the most relevant case law — including the Stare Decisis (Súmulas Vinculantes) — issued by the Brazilian Supreme Court of Justice and the Brazilian Superior Court of Justice (the highest appellate court in Brazil for nonconstitutional matters).

Supreme Court of Justice

Appeal in Habeas Corpus No. 142,837, Rapporteur Ministry of Justice Marco Aurélio, judged on 20 October 2020.

The Supreme Court of Justice determined that, in regard to crimes against women, the "insignificance principle" (princípio da insignificância) is not applicable when the conduct of the author is considered irrelevant or to entail no potential risk (and therefore is not a crime).

Habeas Corpus No. 143,641, Rapporteur Ministry of Justice Ricardo Lewandowski, judged on 20 February 2018.

Considering the overcrowded Brazilian prison system, the Supreme Court decided that no woman who is (i) pregnant; (ii) postpartum or (iii) responsible for children up to 12 years of age or a person with disabilities will be held in custody (before the trial), except in the case of a violent crime, a crime committed by serious threat or a crime against her descendants or other unusual situation determined by the trial judge. If the crime committed qualifies under the above exceptions, the woman should be given in-house confinement.

Action for the Declaration of Constitutionality (ADC) No. 19, Rapporteur Ministry of Justice Marco Aurélio, judged on 9 February 2012.

Here, the Supreme Court upheld ADC No. 19, which provides a uniform judicial interpretation of the provisions contained in the Maria da Penha Law (the constitutionality of Articles 1, 33 and 41 of Law 11.340/2006) and creates mechanisms to curb domestic and family violence against women.

Superior Court of Justice - stare decisis

Stare Decisis No. 600 of the Superior Court of Justice (2017).

The cohabitation between the perpetrator of domestic violence and the victim is not a requirement under the terms of Article 5 of Law No. 11.340/2006.

Stare Decisis No. 589 of the Superior Court of Justice (2017).

The "insignificance principle" (princípio da insignificância) is not applicable in crimes against women when the conduct of the author is considered irrelevant or to entail no potential risk and therefore is not a crime.

Stare Decisis No. 588 of the Superior Court of Justice (2017).

In regard to crimes against women, the court is not allowed to convert a penalty involving deprivation of liberty into a penalty of restricting rights.

Stare Decisis No. 536 of the Superior Court of Justice (2015).

In regard to crimes against women, plea-bargaining (a type of negotiation of the penalty) is not allowed.

Superior Court of Justice - leading cases

Interlocutory appeal in a Special Appeal No. 1437852/MG, Rapporteur Ministry of Justice Ribeiro Dantas, judged on 18 February 2020.

The Superior Court of Justice found that the violence that occurs within the family unit, as covered by Law No. 11.340/2006, is applicable to cases that involve violence perpetrated by a brother against his sister.

Habeas Corpus No. 542.828/AP, Rapporteur Ministry of Justice Reynaldo Soares da Fonseca, judged on 18 February 2020.

States that Law No. 11.340/06 is meant to not only protect the victim who lives with the aggressor, but also the victim who has lived with the aggressor in the past such as an ex-husband.

Habeas Corpus No. 131.144/SP, Rapporteur Ministry of Justice Reynaldo Soares da Fonseca, judged on 6 October 2020.

In this case, the Superior Court of Justice determined that pre-trial detention of the aggressor was appropriate after he violated the restraining order by threatening the victim with death.

Special appeal No. 1.675.874/MS, Rapporteur Ministry of Justice Rogerio Schietti Cruz, judged on 28 February 2018.

The Superior Court of Justice decided that, in cases of violence perpetrated in the domestic and family environment, requiring minimum indemnification amounts as compensation for nonmaterial damages is appropriate.

The provisions related to domestic violence are addressed by criminal law, civil law, labor law and employment law. Although the Maria da Penha Law (Law No. 11,340/2006) has changed mostly criminal provisions, it also regulates labor and civil rights, for instance, it establishes (i) protective measures for victims of violence in the their workplace, either public or private; (ii) mandatory continuation of employment when it is necessary for the victim to leave the workplace, for up to six months, due to domestic violence; (iii) the option of filing for a divorce or dissolving a stable union in the court of domestic and family violence against women; and (iv) that whoever causes injury, physical, sexual or psychological violence and moral or patrimonial damage to the woman is obliged to reimburse all damages caused. Moreover, this Law requires coordination between the federal union, states, municipalities and nongovernmental organizations to promote studies on women conditions, in order to attract attention to the matter to help eradicate violence against women.

The Maria da Penha Law provides both civil and criminal measures for victims of domestic violence (chapter II of Law No. 11,340/2006). For instance, the law provides the following protective measures in regard to the abuser: (i) the removal of the abuser from the location that the victim lives; (ii) the requirement that the abuser refrain from contacting the victim and her family; (iii) limiting access to public or private places that the victim might be found; (iv) restriction or suspension of visits to children; and (v) attendance of the abuser at recovery and re-education programs.

Moreover, the victim may also be granted protective measures, such as: (i) referral of the victim and her children to an official or community protection or assistance protective program; (ii) writs of prevention of separation from bed and board; (iii) registration of the victim's children in an education institution closest to their home; (iv) restitution for property unduly taken away by the abuser from the victim; and (v) suspension of any powers of attorney granted by the victim to the abuser.

Violation of the measures/orders by the abuser is a crime with a penalty of imprisonment of two months up to three years plus other applicable penalties.