Brazil: Domestic violence, including legislation; recourse and support services available to victims (2014-January 2017)

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Overview

The US Department of State's Country Reports on Human Rights Practices for 2015 states that in Brazil, "intimate partner violence remained both widespread and underreported to authorities, due to fear of retribution, further violence and social stigma" (US 13 Apr. 2016, 13). A September 2015 article in the UK-based news source The Independent cites an undated Brazilian "government report" as stating that 700,000 women in Brazil "continued to face abuse" despite a domestic violence law approved in 2006 (The Independent 5 Sept. 2015).

A document provided in correspondence with the Research Directorate by Fundo ELAS, a Brazilian fund investing in women's leadership and the rights of women (Fundo ELAS n.d.), cites figures from "Call 180 [Dial 180], a 911 service for domestic violence," as stating that, in 2015, 2,052 aggression reports were filed per day (ibid.15 Dec. 2016). The US Country Reports 2015 describes Call 180 as a government-run "toll-free nationwide hotline for women to report instances of intimate partner violence" (13 Apr. 2016, 13). The Guardian reports in December 2015 that 63,090 women called Brazil's "domestic violence helpline" that year, which was 40 percent more than in 2014 (3 Dec. 2015). Thomson Reuters Foundation, a foundation that aims to promote "free independent journalism, human rights, and the rule of law" and focuses on global issues (Thomson Reuters Foundation n.d.), reports that, in 2015, Call 180 hotline received "nearly" 4,000 calls about cases of "private prison," "a form of domestic abuse in which [women] are held against their will" and which "can refer to cases of women who are not allowed to see family or friends, not allowed access to email or telephone, or are never permitted to be unaccompanied in public to prevent them from having contact with others" (ibid. 11 Apr. 2016).

According to the Associated Press (AP), the President of Brazil, Dilma Rousseff, stated in March 2015 that 15 Brazilian women are killed per day, many through domestic violence (AP 10 Mar. 2015). The Fundo ELAS report indicates that, according to the Map of Violence [Mapa da Violência] [1], 4,762 women were murdered in 2013, 33 percent of whom were murdered by partners or ex-partners (15 Dec. 2016). Agencia EFE cites a study by the Brazilian Forum on Public Safety and Brazilian government agency Institute of Applied Economic Research as stating that in 2014, 4,757 women were killed by their partners or ex-partners, which represents an increase of 11.6 percent over the past ten years (Agencia EFE 23 Mar. 2016).

1.1 Culture

According to an article in the Global Press Journal and published by the Global Press Institute, an organization which aims to "create a more just and informed world by employing local women journalists to produce ethical, accurate news coverage from the world's least-covered places" (Global Press Institute n.d.), experts attribute domestic abuse in Brazil "to a deep-rooted culture of violence in which men are socialized to believe they can control women and women have little independence" (Global Press Journal 10 Sept. 2012). Similarly, in a telephone interview with the Research Directorate, a representative of the São Paulo Women's Union (União de Mulheres de São Paulo), a feminist organization in Brazil that focuses on raising awareness of women's rights (União de Mulheres de São Paulo 15 Dec. 2016), and the Patricia Galvão Institute (Instituto Patricia Galvão), a Brazilian social organization that works in the area of communication and women's rights (Gender IT n.d.), stated that Brazil has a "very sexist culture," and that there is not enough education on gender violence in the country (Representative 16 Dec. 2016).

An article in the New Internationalist, an "independent, non-profit media cooperative" that reports specifically on issues concerning "human rights, politics, social and environmental justice" (New Internationalist n.d.), cites a police officer from a police station in the city of Ariquemes, in northern Brazil, as stating that in Brazil "men still believe that women are their property, and this happens in all parts of society, from lawyers to manual labourers" (ibid. 13 May 2016).

1.2 Black Women

According to figures provided by Call 180 as presented in a Fundo ELAS report, 59.4 percent of victims of domestic violence in 2013 were black women (Fundo ELAS 15 Dec. 2016). The representative of the União de Mulheres de São Paulo and the Patricia Galvão Institute similarly indicated that racism is an important topic linked to domestic violence, as black women represent the majority of victims of such cases (Representative 16 Dec. 2016). She indicated that although policies to reduce domestic violence have been effective for white women, and the rate of murders of white women is down, the murder rate for black women is up (ibid.). The same source also noted that black women face two challenges when reporting domestic violence: they experience both a gender and a racial bias (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2. Legislation

Sources report that in 2006, Brazil adopted a law on domestic violence, which was named the Maria da Penha law (New Internationalist 13 May 2015; Perova and Reynolds Nov. 2015, 3; BBC 22 Sept. 2016) "after a women's rights activist who was left paraplegic by her violent husband" (ibid.). The full text of the Law in English can be found attached to this Response. For further information on the Law, refer to Response to Information Request BRA102959 of September 2008.

Sources further report that in March 2015, Brazil adopted a "femicide law" (AP 10 Mar. 2015; Thomson Reuters Foundation 10 Mar. 2015), which legally defines femicide as the killing of a woman by a man because of her gender (ibid.). Sources indicate that the law sets penalties of 12 to 30 years for femicide, with longer jail terms for the killing of a woman who is pregnant, girls under 14, women over 60, women with disabilities (ibid.; US 13 Apr. 2016, 13; AP 10 Mar. 2015), women who recently gave birth, or women killed in the presence of the victim's child or parent (ibid.).

2.1 Effectiveness of Legislation

According to a National Public Radio (NPR) article published, Brazil's laws on violence against women and femicide "haven't been working" (NPR 24 July 2016). The same source indicates that "[n]ew laws have not deterred violent crime, with police and courts failing to follow through," and that "[a] lack of budget and facilities to protect women only makes things worse" (ibid.). A BBC article on the occasion of the 10th anniversary of the Maria da Penha law, cites Maria da Penha as stating that the law was "'just a first step'" and that "'[n]owadays women are coming forward, but the violence continues. They are coming forward to press charges, but it's only in the cities or the state capitals where there are shelters and specialised police units and all the facilities'" (22 Sept. 2016).

The New Internationalist article further reports that the legislation concerning domestic violence is "often poorly implemented, leaving many women reluctant to report domestic violence" (New Internationalist 13 May 2016). The same source reports that the police officer in the city of Ariquemes "matter-of-factly admitted that although on paper women have protection, and legislation has helped to raise awareness of the issue, in practice the law doesn't always work" (ibid.).

The representative of the União de Mulheres de São Paulo and the Patricia Galvão Institute stated that the mechanisms, elements and institutions to fight violence against women included in the Maria da Penha law in itself are good, and that where all elements are present and in practice, the law works (Representative 16 Dec. 2016). However, the same source added that these elements and institutions are not present everywhere, and that the mandated services are unevenly distributed, not only in rural areas but also in cities (ibid.). She further indicated that there is more service coverage in the south and east of Brazil, but less in the centre and north, which are the areas where violence against women, and especially femicide, is higher (ibid.). The Maria da Penha Law mandates every police station to assist women who report domestic abuse, but in practice, the police do not have the capacity, training and gender sensitivity, or resources to do so, and often will send women home (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3. Recourse and Protection
3.1 Special Police Stations

According to the US Country Reports 2015, "[e]ach state secretariat for public security operated police stations [that are] dedicated exclusively to addressing crimes against women" (US 13 Apr. 2016, 14). In a report entitled Women's Police Stations and Domestic Violence: Evidence from Brazil, Elizaveta Perova from the World Bank and Sarah Reynolds from the School of Public Health at the University of California Berkeley state that specialized police services for women, or Delegacias Especializadas de Atendimento à Mulher (DEAMs) [also known as Delegacias Especializadas de Atendimento das Mulheres; Delegacias Especializadas de Atendimento às Mulheres; Delegacia Especializada no Atendimento à Mulher], are a part of the Civil Police and are focused on crimes that target women such as rape and domestic violence (Perova and Reynolds Nov. 2015, 5). The same source indicates that with the adoption of the Maria da Penha law, the establishment of DEAMs became a federal responsibility (ibid.). Sources indicate that the first police station offering such services was opened in São Paulo in 1985 (ibid.; Representative 16 Dec. 2016). The representative of the União de Mulheres de São Paulo and the Patricia Galvão Institute stated that there are less than 600 women's police stations found within the approximately 5,600 municipalities of Brazil (ibid.). Similarly, The Guardian states that in 2015, 397 of a total of 5,565 municipalities had a specialized police station for women (3 Dec. 2015). Country Reports 2015 notes that "the stations provided psychological counseling, temporary shelter, and hospital treatment for survivors of intimate partner violence, including rape, as well as criminal prosecution assistance by investigating incidents and forwarding evidence to courts" (13 Apr. 2016, 14). According to Perova and Reynolds, DEAMs have similar duties to the regular police, and in addition, "are charged with requesting urgent protective measures from the judge in case of domestic violence" (Perova and Reynolds Nov. 2015, 5).

Perova and Reynolds indicate that specialized services for female victims of violence are "primarily staffed with women," although this is not a legal requirement (ibid.). However, the representative of the União de Mulheres de São Paulo and the Patricia Galvão Institute stated that despite calls from the women's movement, women's police units do not have all female staff and that "usually" the deputy is a woman, but the rest of the officers are men (Representative 16 Dec. 2016). According to the same source, since the deputy cannot take all statements, often a woman reporting domestic violence has to talk to a man; female victims are reportedly "not guaranteed" to receive a good or attentive hearing, and sometimes there is "bad treatment" (ibid.). Similarly, The Guardian reports that women registering sexual assaults "must often speak to male police officers who might be unprepared to deal with such crimes" (The Guardian 3 Dec. 2015). According to the same source, when women report sexual violence to the police, "victim-blaming is not unusual" (ibid.). The representative of the União de Mulheres de São Paulo and the Patricia Galvão Institute indicated that some deputies have insisted on the provision of sensitivity training for their staff, but in the majority of the special women's police stations, this is not the case (Representative 16 Dec. 2016). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the representative of the União de Mulheres de São Paulo and the Patricia Galvão Institute, women's police stations are only open during business hours, Monday to Friday from 8 a.m. to 5 p.m., even though most cases of domestic abuse happen after 5 p.m. or on weekends, and some cases of domestic violence are so urgent that they require immediate attention (Representative 16 Dec. 2016). The same source stated that there is one women's police unit in São Paulo that is now open 24/7 (ibid.). The same source further noted that because domestic violence is not prioritized in Brazilian security policy or the security system, officers assigned to the women's police units often see this as a punishment as such postings are seen as not being career positions or carrying no prestige (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3.2 Judiciary and Legal Assistance

The New Internationalist article cites a reverend who runs a safe house in the city of Ariquemes as stating that "even in the court system, there are some judges or lawyers who say when a husband and wife fight, we have no right to intervene, it's a private matter" (1 May 2015). The representative of the União de Mulheres de São Paulo and the Patricia Galvão Institute stated that "[e]ven in law schools gender violence is not addressed" as a result of sexist cultural attitudes (Representative 16 Dec. 2016).

The representative of the União de Mulheres de São Paulo and the Patricia Galvão Institute indicated that after the Maria da Penha law was adopted, members of the judiciary received training, and that there is an increased number of judicial officials who are aware of gender violence (ibid. 16 Dec. 2016). The same source added that whereas before the implementation of the law

there was really no talking about gender violence and domestic violence among agents of the state, … now we can find with some ease at least 10 to 15 people in the judiciary in every federate unit of Brazil who really carried the topic of domestic violence, about 300 people engaged. (ibid.)

Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3.3 Hotline

According to the US Country Reports 2015, the Call 180 hotline has the authority to mobilize military police units to respond to reports of domestic violence and to follow up on the status of the case (US 13 Apr. 2016, 13). The same source notes that in March 2015, an international component of the hotline, "which enables Brazilian victims of gender-based violence to call from abroad, was expanded to 13 more countries" (ibid.). The source cites the Secretariat for Women's Policies as indicating that "if [an international] complaint is credible, the secretariat works with the Ministry of Justice, Federal Police, and foreign governments to ensure the victim has access to necessary support services" (ibid.). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3.4 Reference Centres

According to the representative of the União de Mulheres de São Paulo and the Patricia Galvão Institute, women's reference centres provide women with services such as psychological counseling, social work, and legal assistance via the Public Defenders, a branch of the judiciary that provides legal assistance to those without access to private legal services (Representative 16 Dec. 2016). The representative added that the reference centres also offer services such as training, job referral, food aid and food aid for children (ibid.). The same source indicated that in São Paulo, there are 12 to 15 reference centres and that state shelters refer women there to access the services listed above (ibid.). The US Country Reports 2015 similarly indicates that "state and local governments operated reference centers" for women (US 13 Apr. 2016, 14). According to the US Country Reports 2014, there were 223 such reference centers (ibid. 25 June 2015, 21). Country Reports 2015 also notes that women's centers "house special women's precincts, psychological specialists, legal advisers, and employment services for victims of gender based violence," and that two centers were inaugurated in 2015: one in Campo Grande [state of Mato Grosso] and one in Brasilia (ibid. 13 Apr. 2016, 13).

3.5 Restraining Orders

The representative of the União de Mulheres de São Paulo and the Patricia Galvão Institute provided the information in the following paragraph:

Restraining orders in domestic violence cases are available, but according to the law, they need to be issued within 48 hours, and this does not always happen in practice. Moreover, judges often do not see the merit of domestic violence cases, and judicial officials commonly hold very strong sentiments against "'taking families apart'." A woman can go to the police to ask for help in getting a restraining order, but often, at police stations, there is a lot of prejudice against women and blame will be put on the victim. Another option is to go to the women's "'reference centers'" for support, where public defenders can provide assistance in applying for a restraining order without having to go through the police. However, this is not always a solution, as public defenders only help people with a low income; women experiencing domestic violence from rich families may find these services inaccessible even though their husbands often control all of the family's finances (Representative 16 Dec. 2016).

The same source added that

[t]he challenge with restraining orders is that when they are issued, there is still the question of "now what?" In the end it is just a piece of paper and many men see it that way. Often the police is going to follow up either, so there is a lot of impunity, and men know that. So restraining orders may sometimes help women, because men will realize that the state is watching. But at the same time, men know that the state does not have the capacity and the resources to protect women everywhere they go. It is not rare that a woman who has a restraining order is still killed by her husband or partner. (ibid.)

Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3.6 Shelters

According to the US Country Reports 2014, there were 77 temporary shelters operated by state and local governments (US 25 June 2015, 21). The US Country Reports 2015 cites figures from the Brazilian Institute for Geography and Statistics (Instituto Brasileiro de Geografia e Estatística, IBGE) as stating that "8 percent of municipalities had a dedicated space [shelters or reference centers] for the protection and care of survivors of gender-based violence" (ibid. 13 Apr. 2016, 14). The New Internationalist article states that "only" 2.5 percent of cities in Brazil offer safe house services (13 May 2015). The representative of the União de Mulheres de São Paulo and the Patricia Galvão Institute indicated that there are two types of shelters: transitional shelters, the locations of which are publically available, allow victims to stay for up to 90 days, and are meant to take a woman out of an "immediately dangerous situation"; and "more permanent" shelters, the locations of which are secret and where women can stay up to six months (Representative 16 Dec. 2016). The representative further provided the example of São Paulo, a city with 12 million people, which has six transitional shelters and "two or three" secret ones (ibid.). The same source added that since people from the surrounding municipalities rely on the São Paulo shelters, these shelters provide services for a population of 30 million people (ibid). Many other cities in Brazil reportedly do not have shelters at all (ibid.).

According to the representative of the União de Mulheres de São Paulo and the Patricia Galvão Institute, the services offered by shelters are "basic" and consist of a roof, food and security (ibid.). The same source indicated that a woman can bring her children, but that many women only bring their dependents if they are also in danger (ibid.). The same source further stated that a woman in a shelter "cannot have contact with people she knows in the outside world" (ibid.). The representative also indicated that the quality of Brazilian shelters is often criticized; the institutions provide an emergency solution to violence but they "do not help address the situation" (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The New Internationalist article describes how one safe house in the city of Ariquemes which is supported by the Anglican Service of Diakonia and Development (SADD), an organization of the Brazilian Anglican church that aims to support its social work (IEAB n.d.), can house 10 women and their children at a time, and serves a population of 150,000 people from 8 different cities in northern Brazil (New Internationalist 13 May 2015). The same source adds that this safe house provides psychological support and shows women "how to access the basic state benefits they are entitled to" (ibid.). Without providing further detail, the New Internationalist states that a woman "stays a maximum of three months and continues to receive care and support afterwards" (ibid.). The same source indicates that the shelter also provides women with "opportunities to learn new skills, such as baking and handicrafts, so they are able to make their own money" (ibid.). Further and corroborating information on non-state shelters or safe houses could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

4. Other Programs
4.1 Women's Ministry

According to Perova and Reynolds, the Brazilian government established a ministry for women in 2003 called the Secretariat for Women's Policies (Secretaria de Políticas para Mulheres, SPM), which "triggered an increase in governmental funding to services aimed at prevention and treatment of domestic violence" (Nov. 2015, 3). However, Al Jazeera indicates that after the Michel Temer government took over in 2016, the Ministry of Women was folded into the Ministry of Justice and this move "eliminated the key post in charge of promoting and protecting [women's] rights," while also eliminating "any policy negotiations and proposals that the previous Ministry of Women was engaged in" (Al Jazeera 21 Aug. 2016). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

4.2 "Women, Living Without Violence"

The US Country Reports 2014 indicates that a program called "Women, Living Without Violence" [Mulher, vivir sem violência] was launched in 2013, "to increase the capacity of the violence hotline, to provide more public health-care options for women and construct women's centers throughout the country" (US 25 June 2015, 20). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Note

[1] The Map of Violence tracks homicides by fire arm in Brazil from 1980 until 2014, and is produced by the Latin American Faculty of Social Sciences (Facultad Latinoamericana de Ciencias Sociales, FLACSO) (Mapa da Violência n.d.).

References

Agencia EFE. 23 March 2016. "Murders on the Rise in Brazil." (Factiva)

Al Jazeera. 21 August 2016. Kimberley Brown. "Is Brazil's Government Rolling Back Women's Rights?" [Accessed 2 Dec. 2016]

Associated Press (AP). 10 March 2015. "Brazil Promotes Tough Penalties for Gender Killings of Women." (Factiva)

British Broadcasting Corporation (BBC). 22 September 2016. Pablo Uchoa. "Maria da Penha: The Woman Who Changed Brazil's Domestic Violence Laws." [Accessed 21 Dec. 2016]

Fundo ELAS. 15 December 2016. "Brazil." Document provided by a representative in correspondence with the Research Directorate.

Fundo ELAS. N.d. "About ELAS Social Investment Fund." [Accessed 6 Dec. 2016]

Gender IT. N.d. "Instituto Patricia Galvão." [Accessed 21 Dec. 2016]

Global Press Journal. 10 September 2012. Thais Moraes. "Government, NGOs Uproot Culture of Domestic Violence in Brazil." [Accessed 21 Dec. 2016]

Global Press Institute. N.d. "Global Press Institute." [Accessed 21 Dec. 2016]

The Guardian. 3 December 2015. Marcela Xavier. "The Campaigners Challenging Misogyny and Sexism in Brazil." [Accessed 28 Nov. 2016]

Igreja Episcopal Anglicana do Brasil (IEAB). N.d. "Anglican Service of Diakonia and Development." [Accessed 22 Dec. 2016]

The Independent. 5 September 2015. Donna Bowater. "Curiosity Saves: Brazilian Viral Campaign Aims to Take Secrecy Out of Domestic Violence." [Accessed 22 Dec. 2016]

Mapa da Violência. N.d. "Mapa da Violência." [Accessed 21 Dec. 2016]

National Public Radio (NPR). 24 July 2016. Luli Garcia-Navarro. "For Brazil's Women, Laws Are Not Enough to Deter Rampant Violence." [Accessed 28 Nov. 2016]

New Internationalist. 13 May 2015. Melanie Hargreaves. "Brazil's 'Machismo': a Licence for Abuse." [Accessed 28 Nov. 2016]

New Internationalist. N.d. "About New Internationalist." [Accessed 28 Nov. 2016]

Perova, Elizaveta and Sarah Reynolds. November 2015. Women's Police Stations and Domestic Violence: Evidence from Brazil. World Bank Group Policy Research Working Paper 7497. [Accessed 2 Dec. 2016]

Representative, União de Mulheres de São Paulo and the Patricia Galvão Institute. 16 December 2016. Telephone interview.

Representative, União de Mulheres de São Paulo and the Patricia Galvão Institute. 15 December 2016. Correspondence with the Research Directorate.

Thomson Reuters Foundation. 11 April 2016. "Condemned to 'Private Prison': The Brazilian Women Subjected to Secret Abuse." (Factiva)

Thomson Reuters Foundation. 10 March 2015. Anastasia Moloney. "Brazil Passes Femicide Law to Tackle Rise in Gender Killings." (Factiva)

Thomson Reuters Foundation. N.d. "Thomson Reuters Foundation." [Accessed 21 Dec. 2016]

United States (US). 13 April 2016. Department of State. "Brazil." Country Reports on Human Rights Practices for 2015. [Accessed 28 Nov. 2016]

United States (US). 25 June 2016. Department of State. "Brazil." Country Reports on Human Rights Practices for 2014. [Accessed 28 Nov. 2016]

Additional Sources Consulted

Oral sources: Brazil -– Special Secretariat for Women's Policies; Christian Aid Brazil; Lawyer specialized in civil law; Marcha Mundial das Mulheres; Professor, Núcleo de Estudos e Pesquisas sobra a Mulher (NEMGE), University of São Paulo; Professor of Anthropology, University of São Paulo; São Paulo – Coordinator of the Network for Domestic and Family Violence against Women; Viva Rio, Domestic Violence Prevention Program; Women's Reference Centre of Maré.

Internet sites, including: Agence France-Presse; Amnesty International; Brazil – Special Secretariat for Women's Policies; Compromisso e Atitude; Ecoi.net; Factiva; Fédération internationale des ligues des droits de l'homme; Freedom House; Fundo ELAS; Human Rights Watch; Institute for War and Peace Reporting; IRIN; UN – Development Programme, Office of the High Commissioner for Human Rights, Refworld, ReliefWeb, WOMEN, World Health Organization.

Attachment

Brazil. 2006. Maria da Penha Law. Law No. 11.340. [Accessed 28 Nov. 2016]