President Luiz Inácio Lula da Silva (PT) sanctioned, this Wednesday (9), the law that increases the penalty for the crime of feminicide. According to the new legislation, the minimum sentence increases from 12 to 20 years. The maximum penalty increases from 30 to 40 years.
The project was approved in September this year by the National Congress and was authored by senator Margareth Buzetti (PSD-MG). According to the sanctioned law, feminicide is no longer considered a qualified homicide and starts to have a
On social media, Lula’s official account released a video of the moment he sanctioned the law alongside ministers Cida Gonçalves (Woman), Simone Tebet (Planning) and Esther Dweck (Management). “Another step in the fight against feminicide in Brazil”, wrote the president’s profile.
Aggravating factors
New aggravating factors may increase the penalty for the crime of femicide:
- murder of the mother or woman responsible for a person with a disability;
- use of poison, fire, explosives, suffocation, torture or other cruel means;
- betrayal, ambush, dissimulation or resource that makes the defense of the offended party difficult or impossible;
- and use of a firearm for restricted or prohibited use.
Maria da Penha Law:
The project also increases the penalty for those convicted under the Maria da Penha Law who fail to comply with a protective measure against the victim.
The current penalty is imprisonment from three months to two years. With the new law, the penalty will be imprisonment for two to five years and a fine.
Domestic and family violence
There are also new restrictions for prisoners for crimes involving domestic and family violence, disregard or discrimination against women.
If a prisoner threatens or commits further violence against the victim or his family while serving his sentence, he will be transferred to a prison far from the victim’s place of residence.
The law also increases from 50% to 55% the minimum period of serving the sentence for the prisoner to progress from the closed to the semi-open regime. The rule will apply to first-time offenders and there will be no parole.
If the prisoner uses any authorized exit from the prison, he will have to wear an electronic ankle bracelet and will not be able to count on conjugal or conjugal visits.
