Post by pujadas on Oct 18, 2023 23:42:36 GMT -6
Protective measures are legal tools that aim to protect someone at risk, regardless of their social cldonkey, sexual orientation, race, culture, age and others. These measures are extremely important to guarantee the fundamental rights of human beings. This article's main objective is to present the functioning of protective measures in Brazilian law, addressing their concept and in which situations they should be applied. The topic is of great relevance, as such measures are essential to protect the fundamental rights of victims.
Continue reading! Content Index What are protective measures What is the necessary procedure to request a protective measure? Situations where protective measures can be applied What is the validity of a protective measure? What are protective measures ws data Protective measures are designed to protect a vulnerable person, regardless of race, social cldonkey, sexual orientation, income, culture, educational level, religion and age. Such measures are essential to guarantee the fundamental rights inherent to the human person. As briefly explained above, safeguards are protection mechanisms for vulnerable individuals. In other words, they ensure measures that contribute to guaranteeing the fundamental rights inherent to the human person, aiming to preserve the physical and mental health of victims.
What is the necessary procedure to request a protective measure? Protective measures can be approved without the authority hearing the other party, that is, they can only be determined with the victims' report; there is no hearing for the Public Prosecutor's Office or the aggressor. The amendment to the Maria da Penha Law allowed protective measures not only for the judicial authority, but also for the police, as long as the municipality is not the seat of a district and there is no delegate available at the time of the complaint. By order of the police authority, the judge will be notified within a maximum period of 24 hours to review the decision and decide whether to maintain or reverse it. It is worth mentioning that the constitutionality of this option is often questioned, as it would violate the principle of jurisdiction.
The issue will be discussed in the Direct Action of Unconstitutionality proposed by the donkeyociation of Brazilian Judges (AMB). The law also determines that the measures granted are registered in the CNJ database. As soon as there is a current or imminent threat to the life or physical integrity of the woman or her family due to domestic and family violence, the aggressor is immediately removed from the apartment, residence or place where the victim lives. The authority has 48 hours to become aware of the process and request and decide on urgent protection measures.