Federal deputy Júlia Zanatta (PL-SC) reacted to the court’s decision to Monique Medeiros, mother of Henry Borel. She filed a bill that seeks to limit gender-based trials in the country.
The proposal, filed this Friday (5), prohibits judicial decisions from being based on identity criteria or interpretations based on social structures.
Although the Jury Court convicted Monique of her son’s death, judge Elizabeth Machado Louro granted the pardon citing “relentless persecution” against the woman. At the sentencing, he said that she was an exemplary mother.
Zanatta reacted and said that judicial decisions must be anchored exclusively in the law and the evidence produced in the case files.
The project amends the Penal Code to prohibit sex, race, sexual orientation, religion or social condition from being used as an autonomous basis to favor or worsen the situation of the parties in the process.
In justifying the project, the parliamentarian also cites the Protocol for Judgment with a Gender Perspective of the (National Council of Justice) and says that administrative acts cannot create interpretative criteria without approval from the .
“The central problem is not the protection of vulnerable groups. The problem is the form: administrative acts of Judiciary bodies do not have a normative hierarchy to create presumptions, change the burden of proof or establish mandatory interpretative criteria without law in the formal sense”, says the document.
Monique Medeiros was, but received judicial pardon in the sentence. The Public Ministry has already informed that it will appeal the decision.
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