Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape. In addition, the Maria da Penha Law criminalizes physical, psychological, and sexual violence against women, as well as defamation and damage to property or finances by someone with whom the victim has a marriage, family, or intimate relationship. The law defines femicide as homicide of a woman due to her gender that could include domestic violence, discrimination, or contempt for women, and it stipulates a sentence of 12 to 30 years. According to NGOs and official data, there were 1,326 femicides in 2019, compared with 1,026 in 2018. According to the NGO Brazilian Public Security Forum, law enforcement identified 946 femicides in 2018. According to the National Council of Justice, courts imposed sentences in 287 cases of femicide in 2018.
According to NGOs and public security data, domestic violence was widespread. According to the 13th Public Safety Yearbook released annually by the Brazilian Public Security Forum, there were 66,000 cases of rape in 2018. Due to underreporting, the actual number of cases was likely much higher. In cases of femicide, the killer was a partner or former partner of the victim 89 percent of the time. In July, Santa Catarina Military Police sergeant Regiane Terezinha Miranda was killed by her former husband, who then took his own life. Miranda led the Catarina Network for the Protection of Women, a program designed to prevent and combat domestic violence.
Prolonged stress and economic uncertainty resulting from the pandemic led to an increase in gender-based violence. A May Brazilian Public Security Forum report showed an average 22-percent increase in femicides in 12 states. The absolute number of femicides in these states increased from 117 in March and April 2019 to 143 in March and April 2020.
The federal government maintained a toll-free nationwide hotline for women to report instances of intimate partner violence. Hotline operators have the authority to mobilize military police units to respond to such reports and follow up regarding the status of the case. The government distributed more electronic ankle monitors and panic button devices as a result of a technical cooperation agreement signed between the Ministry of Women, Family, and Human Rights and the Ministry of Justice in March 2019. Following implementation of the agreement, the sum of ankle monitors (to monitor abusers sentenced to house arrest or to alert police when abusers under a restraining order violate minimum distance requirements) and panic-button devices (to facilitate police notification that a victim is being threatened) increased from 12,727 to 14,786. The agreement also expanded the training and counseling services for abusers from 22 groups and 340 participants to 61 groups and 816 participants nationwide.
In July, Rio de Janeiro governor Witzel signed a bill that temporarily authorized gun permit suspensions and weapons seizures in cases of domestic violence and femicide during the COVID-19 pandemic. Authorities cited concerns that quarantine could lead to increases in domestic violence cases involving weapons. According to Rio de Janeiro’s Public Security Institute, as of June domestic violence calls to the military police aid hotline had increased by 12 percent in comparison with the same period the previous year. In August a Rio police operation resulted in the arrest of 57 suspects accused of domestic violence.
NGO and public security representatives claimed that culturally domestic violence was often viewed as a private matter. Oftentimes bystanders either did not report cases of violence or waited until it was too late. The Brazilian Public Security Forum reported a 431-percent increase in tweets between February and April during the peak of pandemic-related stay-at-home orders, from neighbors witnessing domestic violence. For example, in July, Fabricio David Jorge killed his wife Pollyana de Moura and then killed himself in their apartment in the Federal District. According to media reports, several neighbors heard screams coming from their apartment but did not report the disturbance to authorities.
Each state secretariat for public security operated police stations dedicated exclusively to addressing crimes against women. State and local governments also operated reference centers and temporary women’s shelters, and many states maintained domestic violence hotlines. Despite these protections, allegations of domestic violence were not always treated as credible by police; a study in the state of Rio Grande do Sul found 40 percent of femicide victims had previously sought police protection.
The law requires health facilities to contact police regarding cases in which a woman was harmed physically, sexually, or psychologically and to collect evidence and statements should the victim decide to prosecute.
Sexual assault and rape of minors was widespread. From 2017 to 2018, 64 percent of rapes involved a “vulnerable” victim, defined as a person younger than age 14, or who is considered physically, mentally, and therefore legally incapable of consenting to sexual intercourse.
In March police arrested a rideshare driver suspected of raping a 13-year-old boy in February in the Botafogo neighborhood of Rio de Janeiro City.
Sexual Harassment: Sexual harassment is a criminal offense, punishable by up to two years in prison, but it was seldom pursued. A law effective in 2018 broadens the definition of sexual harassment to include actions performed outside the workplace. NGOs reported sexual harassment was a serious concern, and perpetrators were infrequently held accountable. A 2019 study conducted by research institutes Patricia Galvao and Locomotiva with support from Uber found that 97 percent of women had experienced sexual harassment on public transportation, in taxis, or while using a rideshare application.
In August a regional labor court judge in Minas Gerais ordered a supervisor to pay an indemnity of R$5,000 ($900) to an employee he had sexually harassed and then dismissed after working for three months with the company.
Sexual harassment was also prevalent at public events such as concerts and during Carnival street festivals. Police departments throughout the country distributed rape whistles and informed Carnival goers of the women-only police stations and the sexual assault hotline during the annual celebrations. According to a February survey from the Brazilian Institute of Public Opinion and Statistics, 48 percent of women who attended Carnival events said they suffered some form of sexual harassment during the celebrations. According to public servants and NGOs, the increased awareness and success of national campaigns such as “No means No” led to an increase in reports of sexual harassment during the festivals.
Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of children and had the information and means to do so free from discrimination, coercion, and violence; however, abortion remains illegal except in limited circumstances with court approval. According to the UN Population Fund (UNFPA), individuals in remote regions experienced difficulty accessing reproductive health services, a continuing problem in those regions hit hard by the COVID-19 pandemic. Some local authorities curbed sexual and reproductive services not deemed essential during the pandemic. According to 2018 UNFPA statistics, 77 percent of women of reproductive age had their need for family planning satisfied with modern methods. Human Rights Watch reported that the government provided sexual and reproductive health services for survivors of sexual violence.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The law provides for the same legal status and rights for women as for men in all circumstances. The government did not enforce the law effectively. According to government statistics, women earned an average 79.5 percent of the wages earned by men. According to the Observatory on Workplace Equality, black women earned 55 percent of the wages earned by white men.