4.1.1 Are there civil protection orders available to victims of domestic abuse?
Yes. The Brazilian Law, by means of the Maria da Penha Law establishes civil protection orders for domestic violence victims.
4.1.2 Who can petition for civil protection orders?
The victim or the public prosecution. Anyone who witnesses domestic abuse can also file a complaint.
4.1.3 Are there temporary custody of a child or child support orders?
Yes. In accordance with the Maria da Penha Law, when there is no legal guardian within the extended family that is able to care for the child, the child must be cared for by the foster care system. The legislation prescribes the outlines for child support orders in the case of domestic violence.
4.1.4 Is there a provision to order the abuser to move out or stay away from places that the victims frequent?
Yes. The Maria da Penha Law states that in order to protect the victim's physical and mental health, financial well-being and the family, the abuser must have no contact.
4.1.5 Are there any other types of emergency, preventive and civil protection orders?
Yes, as provided by the Maria da Penha Law. It is important to emphasize the fact that the protective orders will remain for as long as the victim needs protection.
4.1.6 Can these orders be requested by direct or indirect victims or legal representatives in children's cases?
Yes. Brazilian law stipulates that anyone who witnesses domestic abuse, against either women or children, can file a complaint.
4.1.7 Are there different types of civil protection orders, e.g., for a short- term period?
Yes. Brazilian law stipulates that 48 hours after the complaint is filed, the judge must enforce the most suitable protective order for that particular case.
4.1.8 Are ex parte orders permitted without the aggressor being present?
Yes. Since the main goal of the protective order is to protect the victim immediately, it is permitted for the judge to enforce it before a hearing or the public prosecutor declaration. It is important to emphasize that the judge can even impose pretrial detention on an abuser that violates a protective order.
4.1.9 Do emergency orders also extend protection for abuse and intimidation to family members of the victim?
Yes, the main goal of the emergency orders is to protect the victims of abuse and their family members.
4.1.10 How long do the orders last?
The Brazilian courts understand that protective orders remain in effect for as long as the abuser is a threat to the victim and their family members.
4.1.11 Please provide any data or hyperlinks to government or NGO websites that include information on how often civil protection orders are issued, and any relevant demographics information, e.g., police reports, convictions, etc.
4.2.1 What documentation is needed to obtain a civil protection order?
After the complaint is filed, a judicial order is needed. Within 48 hours of the complaint being filed, the judge must order a civil protection order.
4.2.2 Does the victim need to attend a hearing?
No, the victim does not need to attend the hearing in order to obtain a civil protection order.
4.2.4 Are there time limits?
Yes. The time limits depend on the nature of the violence and will be applied according to the Brazilian Code of Criminal Procedure.
4.2.5 Are there different rules in emergencies?
Yes. For example, an administrative rule (Portaria No. 86/2020) was approved in order to better serve victims of domestic violence during the COVID-19 pandemic.
4.3.1 What discretion does a judge have in granting a civil protection order or other protective orders?
Since all litigation concerning family and criminal matters run on judicial secrecy, as a general rule, the presiding judge will have discretion. However, there is a draft bill (PL 1.822/2019) in the senate to establish that all litigation regarding domestic violence runs on judicial secrecy.
4.3.2 Are there age limits on who can obtain orders?
No. Brazilian laws do not establish age limits.
4.4.1 Can victims obtain reimbursement for costs and restitution paid?
Yes. The victim can file a lawsuit to collect the costs for the amount spent throughout the proceeding. Brazilian courts are also granting claims filed by the Brazilian Social Security Institute ordering the abuser to pay the institutes expenses.
4.4.2 Can they recover wages and profits lost?
Yes. The Brazilian courts are unanimous and understand that the victims of domestic violence are entitled to recover financial loss, such as moral and material damages. The damages are considered in re ipsa, that is to say it is not necessary for the victim to present evidence of the abuse. However, it is not common for victims to be indemnified for profit lost.