The deputy (PL-SC) presented a project to punish women who make false reports within the scope of , stating that the objective is to avoid causing “serious harm to innocent people” and the risk of trivializing the protection mechanism against aggressors.
The project adds two provisions to the 2006 law. The first says that, if the complaint is found to be malicious (with intent) false, which led to the application of urgent protective measures, the fact must be communicated by the court to the Public Prosecutor’s Office to investigate any possible practice of slanderous reporting and false reporting of a crime.
Furthermore, if it is found that the accusation is clearly unfounded “with the aim of obtaining an advantage, harming the accused party or influencing the decision of a family dispute, especially with consequences for property or in relation to children, the complaining party may be civilly liable for moral and material damages”.
In justification, Zanatta cites the trial in which the actress, whom he accused of domestic violence. “This episode demonstrates the seriousness of the effects resulting from false attributions of violence: damage to reputation, moral damage, media repercussions and irreversible personal consequences, even after court decisions favorable to the accused”, he writes.
The parliamentarian states that the Maria da Penha Law offered urgent instruments of protection to victims, but says that the effectiveness and institutional legitimacy of the measure “runs the risk of being compromised when it is admitted that protection mechanisms can be activated illicitly by whistleblowers in bad faith, without adequate checking, causing serious harm to innocent people”.
“Generic accountability does not always reflect the complexity of the cause, the asymmetry between parties and the risk of trivializing complaints”, indicates Zanatta. In her assessment, the proposal does not weaken the protection of women, but rather “strengthens the system by preventing abuse and preserving its institutional credibility”.
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