2. Introduction: framework guiding domestic violence law | Brazil | Fighting Domestic Violence

2.1 Are there civil and criminal legal remedies for domestic violence victims?

Yes, there are. The Maria da Penha Law and the Brazilian Criminal Code are the main legal provisions for protecting domestic violence against women in Brazil such as:

a) keeping the abuser away from home

b) prohibiting the abuser's contact with the victim, family members and witnesses

c) requiring the abuser to pay the victim a provisional pension

d) providing health and psychological assistance to the victim

e) protecting the victim's assets

f) maintaining the victim's job in the event of the need to leave the workplace

g) establishing prison sentences that, depending on the case, may reach up to 30 years of imprisonment

This is not an exhaustive list and there are other legal remedies in Brazilian legislation for domestic violence against women. However, the application of these legal remedies due to the economic, social and geographical inequalities in Brazil can be hard. In addition, the Brazilian judiciary has a profound gender inequality issue. This situation negatively affects the practical importance given to fighting domestic violence.

2.2 Is domestic violence identified in national law as a human right (noting that at a European level protection from domestic violence has not been explicitly identified as a human right but is indirectly captured by the other provisions)?

Yes, it is. Article 3 of the Brazilian Federal Constitution^[1] provides that the fundamental objectives of Brazilian State are (i) to build a free, just and solidary society and (ii) to promote the well-being of all, without prejudice as to origin, race, sex, color, age and any other forms of discrimination. Furthermore, the Maria da Penha Law provides that "the public authorities will develop policies that aim to guarantee the human rights of women in the context of domestic and family relations in order to protect them from all forms of negligence, discrimination, exploitation, violence, cruelty and oppression."^[2] Therefore, domestic violence against women is recognized as a violation of human rights in Brazil.

2.3 Has your country signed and ratified the Council of Europe's Istanbul Convention (2011) preventing and combating violence against women and domestic violence (CETS No. 210)?

Brazil has not signed or ratified the Council of Europe's Istanbul Convention (2011) preventing and combating violence against women and domestic violence (CETS No. 210) as it was restricted to European countries. However, Brazil has signed and ratified the Inter-American Convention to Prevent, Punish and Eradicate Violence Against Women (Convention of Belém do Pará). This convention was incorporated into national legislation through Federal Decree No. 1,973 in 1996.

2.4 If it has ratified the Istanbul Convention, how has this convention been implemented into national law?

N/A

2.5 If it has not ratified or signed the Istanbul Convention, is it envisaged that your country will do so?

N/A

2.6 If it has ratified the 1979 Convention, how has the recommendations part of General Comment No. 35 been implemented into national law?

Brazil has signed and ratified the full text of the 1979 Convention on the Elimination of All Forms of Discrimination Against Women through the Federal Decree No. 4,377. This federal decree has the force of law at the national level. Furthermore, Maria da Penha Law expressly mentions the 1979 Convention in its first article. ^[3]

Regarding General Comment No. 35, Brazil has adopted some recommendations (e.g., understanding of violence to include violations of sexual and reproductive health rights). However, there are still no effective mechanisms in Brazilian law for (i) education and promotion of public policies to prevent domestic violence, and (ii) state liability and punishment for acts and omissions committed by its agents or those acting under its authority — in the territory of the State or abroad — and for failing to act with due diligence to prevent domestic violence.

2.7 If the 1979 Convention has not been ratified or signed, is it envisaged that your country will do so?

N/A

Fighting Domestic Violence

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