BILL THE CHAMBER No. 37, OF 2006 Creates mechanisms to curb domestic violence against women, pursuant to § 8 of a rt.

226 of the Constitution, the Convention on the Elimination of All Forms of D iscrimination against Women and the American Convention on the Prevention, Punis hment and Eradication of Violence against Women, provides for the creation of Sp ecial Courts for Domestic and Family Violence against Women; amending the Code o f Criminal Procedure, the Penal Code and the Penal Execution Law, and other meas ures. THE NATIONAL CONGRESS decrees: TITLE I PRELIMINARY PROVISIONS Article 1 This Law establishes mechanisms to curb and prevent domestic violence against women, pur suant to § 8 of art. 226 of the Constitution, the Convention on the Elimination of All Forms of Violence against Women, the Inter-American Convention on the Pre vention, Punishment and Eradication of Violence against Women and other internat ional treaties ratified by the Federative Republic of Brazil, provides for the c reation of Special Courts for Domestic and Family Violence against Women, and es tablishes measures to protect and assist women in situations of domestic violenc e. Article 2 Any woman, regardless of class, race, ethnicity, sexual orientation , income, culture, educational level, age and religion, shall enjoy the fundamen tal rights inherent to the human person and being assured of the opportunities a nd facilities to live without violence, preserve their physical and mental healt h and improve their moral, intellectual and social. Article 3 shall be provided to women the conditions for the effective exercise of the rights to life, safety , health, food, education, culture, housing, access to justice, sport, leisure, work, citizenship, freedom, dignity, respect and family and community. § 1 The g overnment will develop policies to secure the human rights of women within the d omestic relations and family in order to safeguard them from all forms of neglect, discrimination, exp loitation, violence, cruelty and oppression. § 2 It is for the family, society a nd the government create the conditions necessary for the effective exercise of the rights listed in the caption. In interpreting Article 4 of this Law shall be considered the social ends to which it is intended and, especially, the peculia r conditions of women in situations of domestic violence. TITLE II OF DOMESTIC V IOLENCE AGAINST WOMEN AND FAMILY CHAPTER I GENERAL PROVISIONS Article 5 For the purposes of this Act, sets domestic and family violence against women any action or omission based on gender which causes death, injury, suffering physical, sex ual or psychological and moral harm or sheet: I - within the household, understo od as the permanent living space for people with or without family ties, includi ng the aggregate sporadically II - within the family, understood as the communit y formed by individuals that are or are considered related, connected by natural ties, by affinity or by express will; III - in any intimate relationship of aff ection, in which the perpetrator shares or has lived with the victim, regardless of cohabitation. Sole Paragraph. Personal relationships described in this artic le are independent of sexual orientation. Article 6 The domestic and family viol ence against women constitutes a form of violation of human rights. CHAPTER II T HE FORMS OF DOMESTIC VIOLENCE AGAINST WOMEN AND FAMILY Article 7 are forms of do mestic violence against women, among others: I - physical violence, understood as any conduct which offends their bodily inte grity or health; II - psychological violence, understood as any conduct that wil l cause emotional damage and lower self-esteem or which disturb and undermine th e full development or seeks to degrade or control their actions, behaviors, beli efs and decisions, by threat, embarrassment, humiliation, manipulation, isolatio n, constant surveillance, harassment stubborn, insult, blackmail, ridicule, expl oitation and restriction of the right to come and go or any other means it will harm the psychological health and self-determination; III - sexual violence, und erstood as any conduct that embarrass the witness, to maintain or participate in unwanted sexual intercourse, through intimidation, threat, coercion or use of f orce that leads to market or to use in any way, their sexuality, that it would n

ot use any contraceptive method or the force to marriage, pregnancy, abortion or prostitution through coercion, blackmail,€bribery or manipulation, or to limit or nullify the exercise of their sexual and reproductive rights; IV - violence e quity, understood as any conduct that set retention, subtraction, partial or tot al destruction of your objects, tools, personal documents, goods , values and ri ghts or economic resources, including those designed to meet their needs; V - mo ral violence, understood as any conduct that set slander, libel or slander. TITL E III OF ASSISTANCE TO WOMEN IN STATE OF DOMESTIC VIOLENCE AND FAMILY CHAPTER I MEASURES OF INTEGRATED PREVENTION Article 8 The public policy that seeks to curb domestic violence against women far will be through a coordinated set of action s Union, States, Federal District and municipalities and non-governmental action s, with the guidelines: I - the operational integration of the judiciary, prosec utors and public defender's office in the areas of public safety, welfare, healt h education, employment and housing; II - to promote studies and research, statistics and other information relevant to the perspective of gender and race or ethnicity, relating to the causes, cons equences and frequency of domestic violence against women, for the systematizati on of data, to be unified nationally, and periodic evaluation of the results of actions taken; III - the respect in the media, ethical and social values of the person and the family in order to curb the stereotypical roles that legitimize o r exacerbate domestic violence and family, according to the provisions of Part I II of Art. 1, under item IV of article. 3 and in section IV of Art. 221 of the C onstitution; IV - the implementation of specialized police service for women, pa rticularly in the Police Service to Women, V - the promotion and educational cam paigns to prevent domestic violence against women, focusing on public school and society in general and the dissemination of this Act and the instruments of hum an rights protection of women; VI - the conclusion of agreements, protocols, arr angements, terms or other instruments for the promotion of partnership between g overnment agencies or between them and non- government, aiming to implement prog rams to eradicate domestic violence against women; VII - the ongoing training of civil and military police, the Municipal Guard, Fire Brigade and professionals belonging to the organs and areas listed in Item I on the issues of gender and r ace or ethnicity; VIII - the promotion of educational programs that disseminate ethical values of unrestricted respect for human dignity with the perspective of gender and race or ethnicity; IX - the emphasis in the curriculum students of a ll levels of education, for material related to human rights, gender equity and race or ethnicity and the problem of domestic violence against women. CHAPTER II OF ASSISTANCE TO WOMEN IN STATE OF DOMESTIC VIOLENCE AND FAMILY Article 9 The a ssistance to women in situations of domestic violence will be provided in a coor dinated and consistent with principles and guidelines provided by the Organic Law of Social Assistance in the Health System , the System of Public Security, among other standards and policies for protecti on, and an emergency when necessary. § 1 The judge shall, for a limited period, the inclusion of women in situations of domestic violence and family welfare pro grams in the register of federal, state and municipal levels. § 2 The judge shal l ensure to women in situations of domestic violence, to preserve their physical and psychological: I - Priority access removal when a public servant, member of the direct or indirect administration; II - maintenance of the employment contr act, when required away from the workplace for up to six months. § 3 Assistance to women in situations of domestic violence include access to the benefits of sc ientific and technological development, including the departments of emergency c ontraception, the prevention of Sexually Transmitted Diseases (STD) and Acquired Immunodeficiency Syndrome (AIDS ) and other medical procedures necessary and ap propriate action in cases of sexual violence. CHAPTER III OF SERVICE BY POLICE A UTHORITY Article 10. In the event of impending or practice of domestic and famil y violence against women, the police authority to take cognizance of the event w ill adopt immediately,€submit the statement. Sole Paragraph. Applies the provisi ons in the main to the failure of emergency protective measures granted. Article

11. In the treatment of women in situations of domestic violence, the police au thority should, among other steps: I - to ensure police protection where necessa ry and report immediately to the Public Prosecution and the Judiciary II - trans porting the injured to hospital or put Health and the Institute of Forensic Medi cine III - provide transportation for the injured and their dependents for shelt er or safe place when there is risk of death; IV - if necessary, accompany the i njured to ensure the removal of his belongings from the site of occurrence or th e family home; V - to inform it offended the rights conferred by this Law and the services avai lable. Article 12. In all cases of domestic violence against women, made the rec ord of the occurrence, the police authority should adopt without delay the follo wing procedures, without prejudice to those established in the Code of Criminal Procedure: I - listen to the victim, till the police report and make representat ion to the term, if presented; II - gather all the evidence which serve to clari fy the fact and its circumstances; III - send, within forty-eight hours, hours a part with the request to the judge the aggrieved, to grant urgent protective mea sures; IV - determining which to examine the corpus delicti of the offended and request other technical expertise required; V - the aggressor and heard the witn esses; VI - sort and identify the aggressor to put in evidence his criminal hist ory sheet, indicating the existence of an arrest warrant or other record of poli ce complaints against him; VII - send in the legal deadline, the case of the pol ice investigation to the judge and the prosecutor. § 1 The application of the in jured will be taken to end the police authority and shall contain: I - character ization of the aggrieved and the aggressor; II - name and age of dependents; III - brief description of fact and the protective measures requested by the offend ed. § 2 The police authority must attach the document referred to in § 1 of the police report and copies of all documents found in possession of the offended. § 3 will be admitted as evidence the medical records or reports provided by hospi tals and clinics. TITLE IV OF PROCEDURES CHAPTER I GENERAL PROVISIONS Article 13. Proceedings, trial and enforcement of criminal and civil cases arisi ng from the practice of domestic and family violence against women will apply th e rules of the Code of Criminal Procedure and Civil Procedure and of legislation specific to child, adolescent and the elderly that do not conflict with the pro visions of this Law Article 14. The Special Courts for Domestic and Family Viole nce against Women, Bodies of Justice Meeting with civil and criminal liability m ay be imposed by the Union in the Federal District and Territories, and States, to the process, trial and execution of causes arising from practice of domestic and family violence against women. Sole Paragraph. The procedural acts may be he ld in evening hours, as they have the standards of judicial organization. Articl e 15. It is responsible, by choice of victim, for civil cases governed by this A ct, the Juvenile Court: I - of his domicile or his residence; II - the place of fact in which it is based on demand; III - the home of the offender. Article 16. In criminal cases public conditioned to the representation of offended by this law, the waiver will only be permitted to representation before the court, sitti ng in specially designated for such purposes, prior to receipt of the complaint and heard the prosecutor. Article 17. You may not apply in cases of domestic vio lence against women, feather basket or other financial benefit from, as well as replacing penalty involving the payment of a fine alone. CHAPTER II OF EMERGENCY PROTECTIVE MEASURES Section I General Provisions Section 18. Received the expedient with the request of the victim, the judge sha ll, within forty-eight hours: I - know the record and the application and decide on urgent protective measures; II - to determine the routing of the injured bod y of legal aid when appropriate; III - Communicate to the Public Ministry to ado pt the appropriate measures. Article 19. The urgent protective measures may be g ranted by the judge, on application by the prosecutor or the request of the offe nded. § 1 The urgent protective measures may be granted immediately,€regardless

of the hearing the parties and manifestation of the prosecution. § 2 The urgent protective measures will be applied individually or cumulatively, and may be rep laced at any time by others of greater efficiency, whenever the rights recognize d in this law are threatened or violated. § 3 The judge may, on application by t he prosecutor or the request of the offended, grant new urgent protective measur es or to review those already granted, if it considers necessary to protect the victim, their families and their assets, after hearing the prosecutor. Article 2 0. At any stage of police investigation or prosecution, shall apply to remand th e offender, as ordered by the judge, ex officio, at the request of the prosecuto r or on behalf of police authority. Sole Paragraph. The judge may revoke probati on if, during the process, verifying the lack of motive for remaining, and decre eing it again, if there is reason to justify it. Article 21. The aggrieved shall be notified of procedural acts for the aggressor, especially those pertaining t o the entry and exit from prison, subject to the subpoena of an appointed lawyer or public defender. Sole Paragraph. The aggrieved may not deliver a subpoena or notice to the aggressor. Section II urgent protective measures that oblige the aggressor Article 22. Given the practice of domestic and family violence against women, un der this Act, the judge can apply immediately to the offender, together or separ ately, the following urgent protective measures, among others: I - suspension or restriction of ownership gun regulations, with notice to the competent body in accordance with Law No. 10,826 of December 22, 2003; II - removal of the home, r esidence or place of living with the injured III - prohibition of certain conduc t, including : a) approximation of the victim, their families and witnesses, set ting the minimum distance between the aggressor and b) contact with the victim, witnesses and their families by any means of communication; c) attendance of som e places in order to preserve the physical and psychological integrity of the of fended IV - restriction or suspension of visits to minor dependents, heard the t eam of multidisciplinary care or similar service, V - supply of food provisional or temporary. § 1 The measures referred to in this Article shall not prevent th e application of other under the laws in force where the safety of the injured o r the circumstances require, must be reported to the Providence Public Prosecuti on. § 2 In the event of the application of section I, being the aggressor in the conditions mentioned in the heading and items of art. 6 of Law No. 10,826 of De cember 22, 2003, the court shall notify the respective agency, corporation or in stitution the urgent protective measures granted and determine the restriction o n the carrying of weapons, being the immediate superior of the aggressor respons ible for compliance with court order under penalty of the crimes of malfeasance or disobedience, as appropriate. § 3 To ensure the effectiveness of urgent prote ctive measures, the judge may order at any time, aiding the police force. § 4 applies to cases under this article, where applicable, the provisions of the caput and in § § 5 and 6 of Art. 461 of Law No. 5869 of January 11, 1973 (Code of Civil Procedure). Section III urgent protective measures to offended Article 23. The judge may, when necessary, without prejudice to other measures: I - tran sporting the injured and their dependents to government or community program of protection or assistance; II - to determine the renewal of the injured and their dependents to their home, after removal of aggressor; III - determine the spaci ng of the injured at home, without prejudice to the rights relating to property, child custody and maintenance. IV - require the separation of bodies. Article 2 4. For the protection of patrimonial assets of the marriage or those privately o wned by the wife, the judge may determine, first, the following measures, among others: I - restitution of property wrongfully deducted by the offender offended II - temporary ban for the celebration acts and contracts of sale, purchase and lease of common property, unless express authorization; III - suspension of att orney conferred by the offended to the offender; IV - providing provisional secu rity through judicial custody, for loss or damage resulting from the practice of domestic and family violence against the aggrieved. Sole Paragraph.€The judge m

ust officiate at the office competent for the purposes specified in items II and III of this article. CHAPTER III THE PRACTICE OF PUBLIC PROSECUTORS Article 25. The public prosecutor will intervene, when not in part, in civil suits and crim inal cases arising from domestic violence against women. Article 26. It is for t he prosecution, without prejudice to other duties, in cases of domestic violence against women, where necessary: I - requisition police force and public health services, education, social welfa re and security, among others; II - to inspect public establishments and private initiatives to assist women in situations of domestic violence, and adopt, with out delay, the appropriate administrative or judicial appeals in respect of any irregularities detected; III - register cases of domestic violence against women . CHAPTER IV THE JUDICIAL ASSISTANCE Article 27. In all procedural acts, civil a nd criminal cases, the women in situations of domestic violence should be accomp anied by attorney, except as provided in Art. 19 of this Law 28. It is guarantee d to all women in situations of domestic violence and family access to services of public defender or legal aid, under the law, based on police and judiciary, t hrough specific care and humane. TITLE V OF THE MULTIDISCIPLINARY TEAM CARE Arti cle 29. The Special Courts for Domestic and Family Violence against Women which will be created will have a team of multidisciplinary care, to be composed of pr ofessionals specializing in the areas psychosocial, legal and health. Article 30 . It is for the multidisciplinary team, among other tasks which are reserved by local law, provide information in writing to the judge, the prosecutor and the O mbudsman, in reports or orally in open court, and work to develop guidance, refe rral, prevention and other measures aimed at the victim, the offender and family , with special attention to children and adolescents. Article 31. When the compl exity of the case require further evaluation, the judge may determine the manife station of an expert, by indicating the multidisciplinary team. Article 32. The Judiciary, in preparing its budget proposal, could provide resou rces for the creation and maintenance of the multidisciplinary team, under the B udget Guidelines Law. TITLE VI TRANSITIONAL PROVISIONS Article 33. While the uns tructured Courts of Domestic and Family Violence against Women, the criminal cou rts will accumulate the civil and criminal jurisdiction to hear and judge cases arising from the practice of domestic and family violence against women, observi ng the forecasts of Title IV of this Act, subsidized by the procedural law appli cable. Sole Paragraph. Will be guaranteed the right of first refusal in the crim inal courts for the trial process and of the grounds mentioned in the caption. T ITLE VII FINAL PROVISIONS Article 34. The establishment of Special Courts for Do mestic and Family Violence against Women may be accompanied by the deployment of curatorial and service needed for legal aid. Article 35. The Union, the Federal District, states and municipalities may establish and promote, within their res pective powers: I - centers and multidisciplinary comprehensive care to women an d their dependents in situations of domestic violence; II - homes, shelters for women and their dependent children in situations of domestic violence; III - pol ice departments, advocacy centers, health centers and medical-legal expertise in specialized care for women in situations of domestic violence; IV - programs an d campaigns fighting domestic violence and family; V - centers of education and rehabilitation for offenders. Article 36. The Union, States, Federal District an d Municipalities shall promote the adaptation of its institutions and its progra ms to the guidelines and principles of this Law Section 37. The defense of the interests and rights transindividual provided in this Act may be exercised, concurrently, by prosecutors and by association of ac tivity in the area, regularly constituted at least a year, according to civil le gislation. Sole Paragraph. The requirement of pre-constitution may be waived by the judge when you understand that there is no other entity with proper represen tation for the filing of class action. Article 38.€Statistics on domestic violen ce against women will be included in the databases of the official organs of the Justice System and Security in order to subsidize the national system of data a

nd information concerning women. Sole Paragraph. The Departments of Public Safet y states and the Federal District may refer to their criminal intelligence datab ase from the Ministry of Justice. Article 39. The Union, States, Federal Distric t and the municipalities within the limits of their competence and in accordance with its budget laws may establish specific budget allocations in each fiscal y ear, to implement the measures laid down in this Law Article 40. The obligations contained in this Act do not exclude others deriving from the principles adopte d by it. Article 41. In the crimes charged with domestic violence against women, regardless of penalty, does not apply to Law No. 9099 of September 26, 1995. Ar ticle 42. Art. 313 of Decree-Law No. 3689 of October 3, 1941 (Code of Criminal P rocedure), comes into force with the following Item IV: "Art 313 ............... .................................. ..................................... .................................................. ............................. ..................... ... IV - if the crime involves domestic violence against w omen under the law to ensure the implementation of urgent protective measures. ( NR). Article 43. The f of item II of art. 61 of Decree-Law No. 2,848 of December 7, 1 940 (Penal Code), shall henceforth read as follows: "Art 61. .................................................. .................... ................. .................................................. ........... ....................................... ... II - ............................... ................. ................................................ ............. ..................................... .......................................... ........ ... f) with abuse of authority or of relying on domestic relations, coh abitation or hospitality, or with violence against women in the form of a specif ic law; .................. .................................................. .. ..................... (NR). Article 44. Art. 129 of Decree-Law No. 2,848 of December 7, 1940 (Penal Code), s hall become effective with the following changes: "Art 129. .................................................. ................... ................ .................................................. ............ ...................................... .... § 9 If the injury is inflicted on as cendant, descendant, brother, spouse or partner, or with whom the person lives o r has lived, or even prevalecendose agent of domestic relations, cohabitation or hospitality Penalty - detention of 3 ( three) months to 3 (three) years. ...... ............................................ ................................... ............... ... § 11. In the case of § 9 of this article, the penalty shall be increased by one third (one third) if the crime is committed against a person with a disability. (NR). Article 45. Art. 152 of Law No. 7210 of July 11, 1984 (Penal Execution Law), sha ll henceforth read as follows: "Art 152. .................................................. ................... .................. Sole Paragraph. In cases of domestic violence against women, the judge may order the compulsory attendance of the offender rehabilitation pro grams and rehabilitation. (NR). Article 46. This Law shall enter into force forty-five days after its publicatio n.