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Federal Supreme Court prohibits questioning the sexual lives of women victims of violence

O Supreme Court in Brazil unanimously decided this Thursday to prohibit parties to an investigation or trial from questioning the sexual lives or way of life of women victims of sexist violence.

According to the plenary session of Supreme Court of JusticeThese types of questions are unconstitutional because they perpetuate the discrimination and the gender violencein addition to victimizing women twice, especially in cases of sexual assault.

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According to the decision of the eleven magistrates, if this type of practices occur in trials or investigations, the process must be annulled.

The STF also established that the responsible judge who does not prevent this practice during a process can be considered administratively and criminally responsible.

The decision, which extends to all crimes of violence against women and not just those from sexual violencealso established that the judge cannot take the victim’s sexual life into account when determining the accused’s sentence.

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In Brazilfour women were victims of femicide per day in 2023, according to data from the NGO Brazilian Public Security Forum.

This is the highest number of cases recorded in the country since 2015, when the law was implemented that classifies the murder of women because they are women as feminicide.

Source: Elcomercio

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