Chamber includes violence against children in Maria da Penha Law and increases penalties
The Brazilian Chamber of Deputies has approved an amendment to the Maria da Penha Law to include violence against children and dependents, significantly increasing the penalties for such acts.
The Brazilian Chamber of Deputies has made a significant amendment to the Maria da Penha Law, which originally focused on violence against women, by including provisions for violence against children, stepchildren, and other dependents. The new legislation defines a form of violence termed 'vicarious violence', which encompasses any act of violence aimed at these individuals with the intent to harm or control the woman in question. This move reflects a broader societal recognition of domestic violence and its implications for vulnerable family members.
Under the new mandate, the penalties for committing vicarious homicide — defined as the intentional killing of a child, stepchild, or dependent as a means to inflict suffering on their mother — will range from 20 to 40 years of imprisonment. This is a substantial increase in the penalties compared to the existing provisions in the Penal Code for qualified homicides, which typically carry sentences of 12 to 30 years. Such a harsh penalty underlines the legislative intent to deter domestic violence by establishing severe consequences for actions that directly impact family dynamics and welfare.
The upcoming review by the Federal Senate will be crucial, as it will determine the final shape of these amendments in law. Additionally, this legislative push aims to enhance the protective measures for individuals facing domestic violence, considering the vulnerabilities of children and dependents who might be caught in such situations. It marks a progressive step towards comprehensive legal provisions to combat all forms of violence in familial settings.