RIO DE JANEIRO, BRAZIL – According to the text, the judge in charge of a domestic violence lawsuit may also decree the divorce or dissolution of a stable union upon the victim’s request. The law is now subjectt to presidential approval.
The lower house approved on Thursday the Senate’s amendments to Bill 510/19 proposed by deputy Luiz Lima.
The bill also guarantees victims of domestic violence the right to legal assistance. In case
domestic violence occurs after the request for divorce or dissolution of a stable union, the lawsuit will have priority in the court in which it is being processed.
Priority
The text amends the Code of Civil Procedure in order to prioritize the processing of lawsuits in which the party is a victim of domestic violence in all civil courts. The change has been included in the Code of Civil Procedure and applies to separation actions and petitions for damages.
According to the author of the bill, enabling the divorce of victims of domestic violence is a straightforward procedure, but one that is of great importance to families and to ensure that
violence is not repeated.
The rapporteur, deputy Erika Kokay, emphasized the project’s importance in order for the judge in charge of the domestic violence lawsuit to be able to decree the separation so as to “deconstruct the bonds that caused so much suffering to women, children, and society as a whole”.
The approved text further states that the judge and the police authority must notify the victim about the potential application for separation. And, if this is the case, the judge has 48 hours to refer the victim to the public defender’s offices in order to petition for separation.
Source: Agência Brasil