The Federal Supreme Court (STF) denied, this Friday (23), an action proposed by the Association of Brazilian Magistrates (AMB) and decided that police authorities do have the power to grant protective measures to women victims of domestic violence.
The prerogative for the police to establish these measures applies to municipalities that do not have judicial districts.
The provision was added to the Maria da Penha Law in 2019 with the aim of combating the delay in determining protective measures for women victims of violence.
Unanimously, the ministers were against the request made by the AMB, which claimed that the change violates the principle of reservation of jurisdiction.
“There is no way to point out that the norm is not reasonable, proportionate, adequate within everything that was included in this international system of protection against violence against women”, said Minister Alexandre de Moraes.
Ministers André Mendonça, Nunes Marques, Edson Fachin, Rosa Weber, LuÃs Roberto Barroso, Cármen Lúcia, Dias Toffoli, Ricardo Lewandowski, Luiz Fux and Gilmar Mendes agreed with the rapporteur.
The questioned device allows delegates and military police from municipalities that do not have judicial districts to remove aggressors from living with women if they represent a threat to the victim’s life or physical integrity.
In their votes, the ministers highlighted the high numbers of violence against women in Brazil and the danger that many of them suffer, since the aggressor is often in the same house as the victim.
Source: CNN Brasil
