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November 24, 2021
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Chamber increases slander sentence in context of domestic violence

Chamber increases slander sentence in context of domestic violence

The Chamber of Deputies approved this evening (23) a bill that increases the penalty for crimes of libel, defamation and slander committed in the context of domestic and family violence against women. In the case of these crimes, the current penalty provided for by the Penal Code is from one month to two years depending on the crime. Under the bill, this penalty would suffer an aggravation and would be increased by a third. Text goes on for analysis by the Senate.Chamber increases slander sentence in context of domestic violence

The bill establishes that the crimes of libel, defamation and slander committed in the context of violence against women will no longer depend exclusively on the victim’s complaint, and the Public Ministry may offer the complaint and will not be allowed exemption from punishment for the accused who recant before sentencing when the crime occurs in this specific situation.

For the crime of threat, also covered by the bill, the current penalty of imprisonment of one to six months or a fine is changed to imprisonment of six months to two years and a fine when it occurs in the context of violence against women.

The bill also changes the Code of Criminal Procedure to provide that the judge determines that the agent arrested in flagrante delicto use an electronic ankle bracelet, without prejudice to other precautionary measures, during the hearing after the arrest in flagrante, when the crime involves the practice of violence domestic and family against women.

There was also a change in the Maria da Penha Law that will allow the police chief to immediately remove the aggressor from the victim’s home if there is a current or imminent risk to her life or to her physical or psychological integrity or that of her dependents.

* With information from the Chamber Agency

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