This month, known as Agosto Lilás, which seeks to sensitize and make society aware of the end of violence against women, the Public Defender of the State of Tocantins (DPE-TO), through the Specialized Nucleus for the Promotion and Defense of Rights of Women, remember that it is law: every aggressor must reimburse the Unified Health System (SUS) for expenses with the victim of domestic violence.
According to Law No. 13.871/19, compensation must be made by those who, by action or omission, used physical, sexual or psychological violence to cause injury, moral or property damage to the woman. Thus, it was established that the aggressor must not only reimburse all the damages caused, as well as, according to the SUS table, the costs related to health services provided for the treatment of the victim.
According to Nudem’s coordinator, public defender Silvânia Barbosa de Oliveira Pimentel, the measure is another form of punishment for the aggressor, in addition to the provisions provided for in the Maria da Penha Law (Law nº 11.340/2006). “The perpetrators of domestic and family violence against women are also financially responsible for the expenses of the treatment of the victim, being able to respond civilly and criminally for non-compliance”, he reinforces, adding that to prevent the victim’s property from being used for this payment, the specific law also states that compensation cannot reduce the assets of the woman or her dependents, nor mean a mitigation of the penalty.
The funds collected will go to the State Health Fund responsible for the health facilities that provide the service. “If the woman was treated at a hospital in the state health network, for example, the amounts paid by the aggressor will revert to the State Health Fund”, says the Public Defender, who also commented that, if the aggressor did not pay voluntarily, the entity that paid for the expenses (Union, State, Federal District or Municipality) must file an indemnity action against it.
The coordinator of Nudem also clarifies that the fixing of compensation in the sentence depends on a request to be made by the legal assistance of the victim of domestic violence. “The measure is very important, as violence against women requires full attention to the victim’s health, psychological support and protective measures”, defends Silvânia.
Vulnerable women can and should seek the DPE-TO for legal assistance that is provided in full and free of charge. The service is done by phone, WhatsApp and/or email, which makes it possible for people to talk to the Public Defender’s Office without leaving the house to do so.
The contact telephone numbers by city are on the Institution’s website.
On holidays, weekends and optional days, the service is provided at the same office hours, but through other contacts available at https://plantao.defensoria.to.def.br/.