Domestic Violence: Protective Orders and Victims’ Rights

This page is a translation of the original Portuguese text, provided for convenience. It deals with Brazilian law. If there is any discrepancy, the Portuguese version prevails. Read the original in Portuguese

Learn about the protective orders available under the Maria da Penha Law and how to seek protection from the courts.

The Maria da Penha Law

Law 11.340/2006 (the Maria da Penha Law) is Brazil’s main tool for protecting women from domestic and family violence. The law recognizes five forms of violence: physical, psychological, sexual, property-related, and moral. A victim can request emergency protective orders at a police station or directly from the courts, and the judge must rule on the request within 48 hours.

It is important to note that the Maria da Penha Law applies not only to spouses and live-in partners, but to any intimate relationship, including dating relationships and relationships between people of the same sex.

How to Report

You can report domestic violence through any of the following: Ligue 180 (the Women’s Helpline, available 24 hours a day), Disque 190 (the Military Police, for emergencies), a Women’s Police Station (DEAM) or any other police station, the Direitos Humanos Brasil app, and the website of the National Human Rights Ombudsman’s Office. The report can be made by the victim or by anyone who knows about the situation.

Types of Protective Orders

The emergency protective orders provided for in the Maria da Penha Law fall into two categories. Orders that bind the aggressor include: suspending or restricting the aggressor’s right to possess or carry firearms, removing the aggressor from the home, prohibiting the aggressor from approaching the victim and her family members (with a minimum distance set by the court), prohibiting contact by any means of communication, and prohibiting the aggressor from going to certain places. Orders directed at the victim include: referral to a protection program, return to the home after the aggressor has been removed, leaving the home without losing any rights over property or child custody, and court-ordered separation of the couple (separação de corpos).

Criminal proceedings in Brazil follow the rules of the Code of Criminal Procedure and guarantee the accused the right to a full defense and to adversarial proceedings. The presumption of innocence is a fundamental constitutional principle: no one is considered guilty until a criminal conviction becomes final and can no longer be appealed.

A crime victim can seek redress in both criminal and civil court. In the criminal case, the defendant’s conviction may include an obligation to compensate the victim. In the civil case, a lawsuit for property damage and pain and suffering (moral damages) proceeds independently of the criminal case.

Violating a Protective Order

Violating an emergency protective order is a separate crime under Article 24-A of the Maria da Penha Law, punishable by detention of 3 months to 2 years. The aggressor can be arrested in the act, without any new complaint from the victim. In addition to criminal liability, the judge may order the aggressor held in pretrial detention when the victim’s physical or psychological safety is at risk.

It is important to note that the Maria da Penha Law applies not only to spouses and live-in partners, but to any intimate relationship, including dating relationships and relationships between people of the same sex. The protection also covers violence committed by relatives, such as parents, siblings, and children. The victim is entitled to multidisciplinary support, including legal, social, and psychological assistance, and may be placed in a shelter when necessary for her safety.

The Maria da Penha Law also allows the victim to be enrolled in government assistance, housing, and employment programs. Priority enrollment in schools and transfer of her employment to another location are guaranteed rights when needed to protect the woman’s physical and psychological well-being.

Another important tool is the electronic police report (Boletim de Ocorrência), available in several states, which lets the victim file a complaint without going to a police station. The Maria da Penha Patrol, a program adopted by several state military police forces, makes periodic visits to the victim to check whether the aggressor is complying with the protective orders. The judge may also order the aggressor’s telephone and digital communication records disclosed for use in a criminal investigation.

Frequently Asked Questions

What is the difference between a crime and a petty offense (contravenção penal)?

Crimes are the more serious offenses, punished by imprisonment (reclusão) or detention (detenção) and a fine, under the Penal Code. Petty offenses are less serious violations, punished by simple imprisonment or a fine, under the Petty Offenses Law (Lei das Contravenções Penais). The distinction matters for determining which court has jurisdiction, which procedure applies, and the regime in which the sentence is served.

When can you request an emergency protective order?

You can request a protective order whenever there is a situation of domestic and family violence against a woman, as defined by the Maria da Penha Law. The victim can make the request at a police station or directly to the courts, and the judge must rule on it within 48 hours. The orders include removing the aggressor from the home and prohibiting him from approaching the victim.

What is the statute of limitations for crimes against honor?

The limitation period for crimes against honor varies by offense: for criminal slander (calúnia, maximum sentence of 2 years), it is 4 years; for defamation (difamação, maximum sentence of 1 year), it is 4 years; and for simple insult (injúria, maximum sentence of 6 months), it is 3 years. The clock starts on the date of the criminal act.

As informações deste artigo são de caráter informativo e não substituem consulta jurídica individualizada. Cada caso possui particularidades que exigem análise específica.