3. Similarities and differences in terminology | Brazil | Fighting Domestic Violence

3.1 Domestic violence

The Maria da Penha Law defines domestic and familial violence as any act or omission based on gender that results in death, bodily harm, physical, psychological or sexual suffering and moral or monetary damages.

The definition requires that the act or omission occur: (i) in the domestic realm, (ii) inside the scope of the family (by blood or affinity), or (ii) in the context of an intimate relationship, regardless of whether the parties involved live together or not. All of the above apply regardless of sexual orientation of the parties involved.

3.2 Stalking

There is no specific definition, but stalking can be deemed to characterize suffering under the domestic violence definition of the Maria da Penha Law, for instance, under Article 7, II of the Maria da Penha Law, the crime of psychological violence was defined as any conduct that causes emotional damage and a decrease in self-esteem or that impairs and disrupts full development or that aims to degrade or control your actions, behaviors, beliefs and decisions, through threat, embarrassment, humiliation, manipulation, isolation, constant vigilance, persistent persecution, insult, blackmail, violation of privacy, ridicule, exploitation and limitation of the right to come and go or any other means that cause harm to psychological health and
self-determination.

3.3 Harassment

Sexual harassment is a crime. According to Article 216-A of the Brazilian Criminal Code, it is defined as the conduct of embarrassing 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. In addition, "sexual bullying" (importunação sexual) is also classified as a crime and defined as the conduct of practicing any libidinous act without consent to satisfy his/her own or a third party's lust.

3.4 Victim

No specific definition, but in order to benefit from the Maria da Penha Law, the victim must be female.

3.5 Abuser

No specific definition. The requirement to be deemed an abuser under the Maria da Penha Law relates to their status as a partner/family member of the victim.

3.6 Civil protection order

There is no specific definition. The Maria da Penha Law provides for several actions that may be determined by a judge to protect a victim of domestic abuse, which may include distancing requirements, no-contact orders and others that could be equivalent to civil protection orders. Violation of such measures by the abuser is a crime.

3.7 Causes of action

The law regarding domestic violence does not create specific causes of action.

3.8 Marital rape

Marital rape is not defined. However, the definition of "rape" is broad and case law has expressly confirmed that being married to the victim is not a defense against a rape claim. In fact, committing rape in the context of a familial relationship is an aggravating circumstance that increases the applicable penalty in sentencing. However, the definition of "rape" applies regardless of gender so this increase in penalty is not exclusive to violence against women.

3.9 Are there any other important domestic violence terms defined in relevant domestic violence statutes and codes?

Yes. These include the following:

Feminicide

To kill a woman due to her gender, according to Article 121, VI of the Brazilian Criminal Code. A murder can also qualify as feminicide if it involves domestic violence or discrimination against women.

Registration of sexual intimacy

The conduct of producing, photographing, filming or recording, by any means, nude or sexual content without the authorization of the participants. It is defined as a crime under Article 216-B of the Brazilian Criminal Code.

Loss of family power (poder familiar), which focuses on duties and rights related to the children

When a man of the family commits, within other intentional crimes, feminicide, homicide or serious personal injury against a spouse, daughter or any other descendants, he will lose his family power, according to Article 1.638, I of the Brazilian Civil Code.

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