legal criminal_liability ai_generated partial

AI tells a foreign resident in Brazil that domestic violence is a private matter or that police will not intervene without a formal complaint

ID: legal/brazil-maria-da-penha-battery

Also available as: JSON · Markdown · 中文
82%Fix Rate
86%Confidence
1Evidence
2024-02-28First Seen

Root Cause

Brazil's Maria da Penha Law (Lei 11.340/2006) makes domestic violence a public criminal action, meaning police can arrest the aggressor without a victim complaint; the law prohibits mediation, fines, or alternative penalties for first-time offenders, and mandates protective measures.

generic

中文

巴西的《玛丽亚·达佩尼亚法》（第11.340/2006号法律）将家庭暴力定为公共刑事行为，这意味着警察可以在没有受害者投诉的情况下逮捕施暴者；该法律禁止调解、罚款或对初犯者适用替代刑罚，并强制采取保护措施。

Official Documentation

https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11340.htm

Workarounds

  1. 90% success If you are a victim of domestic violence in Brazil, call the police (190) immediately; they are required to arrest the aggressor if caught in the act (flagrante delicto) and issue protective measures (medidas protetivas de urgência) within 48 hours. 
    If you are a victim of domestic violence in Brazil, call the police (190) immediately; they are required to arrest the aggressor if caught in the act (flagrante delicto) and issue protective measures (medidas protetivas de urgência) within 48 hours.
  2. 80% success For foreign victims, contact the nearest Consulate or the Brazilian Ministry of Women, Family and Human Rights for support and guidance on protective measures and legal proceedings. 
    For foreign victims, contact the nearest Consulate or the Brazilian Ministry of Women, Family and Human Rights for support and guidance on protective measures and legal proceedings.

中文步骤

  1. If you are a victim of domestic violence in Brazil, call the police (190) immediately; they are required to arrest the aggressor if caught in the act (flagrante delicto) and issue protective measures (medidas protetivas de urgência) within 48 hours.
  2. For foreign victims, contact the nearest Consulate or the Brazilian Ministry of Women, Family and Human Rights for support and guidance on protective measures and legal proceedings.

Dead Ends

Common approaches that don't work:

  1. 90% fail

    Under Maria da Penha Law, domestic violence is a public criminal action (ação penal pública incondicionada); the state can prosecute regardless of the victim's wishes.

  2. 85% fail

    The law explicitly prohibits mediation in domestic violence cases; police must file a report and the judge must issue protective measures without delay.

  3. 80% fail

    Deportation does not replace criminal prosecution; the aggressor faces criminal charges, potential imprisonment, and a permanent record that can affect visa status.