“Mariana Ferrer Law” will punish those who constrain victims in trials

The Senate approved this Wednesday (27) a bill that provides for punishment for those who embarrass witnesses and victims of crimes during hearings and trials and that aims to curb attacks on the dignity of women, especially in cases of sexual abuse. The matter, approved in a symbolic vote, is now going to be analyzed by President Jair Bolsonaro (no party).

The proposal was named “Lei Mariana Ferrer” because it was presented in November 2020, after the great impact of the embarrassment to which the blogger was subjected. The Chamber had approved the project in March of this year.

The young woman accused businessman André de Camargo Aranha of having raped her in December 2018, when she was 21 years old. In one of the hearings in the process, in the Santa Catarina Court, the defense attorney, Cláudio Gastão da Rosa Filho, showed what he called “gynecological” photos of Mariana and stated that he would “never have a daughter” of her “level”.

With embarrassment, the blogger was moved to tears, and the lawyer continued to attack. “It’s no use coming with your fake, fake crying and that crocodile lip,” he said. “Excellent, I’m begging for respect, even the accused aren’t treated the way I’m being treated. For God’s sake, guys, what’s this?”, the young woman appealed.

The judge in the case, Rudson Marcos, asked the lawyer to maintain “a good standard”. The content of the audience was revealed by the website The Intercept Brazil. The businessman was acquitted.

The approved text changes the Code of Criminal Procedure by obliging “all parties and other procedural subjects” in the hearings to ensure the physical and psychological integrity of the victim, under penalty of being prosecuted. Demonstrations about facts that are not included in the records are prohibited, as well as the use of language, information or material that offends the dignity of the victim or witnesses.

The bill also changes the Penal Code to make it possible to increase the penalty for coercion in the course of a process for one’s own benefit or that of others, a crime provided for in the legislation. The penalty for coercion is one to four years in prison and a fine. If the law is sanctioned by the president, up to two years will be added to the punishment, when the process refers to a crime against sexual dignity.

“Judge, prosecutor and defender did not have the ability to defend a girl who was being humiliated. I appeal to the magistracy not to remain silent in the face of such a case”, said the rapporteur, senator Simone Tebet (MDB-MS).

About Abhishek Pratap

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