Heritage violence under the Maria da Penha Law: Instances and Legal Tactics

Patriotic violence harms its victims’ autonomy and dignity, particularly within relationships involving emotion, family, or dependency.

Understanding the subtle differences, expressions, and legal safeguards is crucial in fighting this behavior and safeguarding the assets of vulnerable individuals.

This article will discuss the key elements of patrimonial violence, including its legal definition, real-life instances, and methods for preventing, reporting, and repairing the harm inflicted.

If you are interested in learning more about recognizing, preventing, and addressing heritage violence, this text is suitable for you!

The Maria da Penha Law addresses various forms of violence.

What does patriotic violence entail?

Patriotic violence involves actions that impact a person’s possessions, financial assets, or control over their inheritance.

• Misuse or unauthorized use of funds, items, or records;
• Property destruction, retention, or removal.
• Excessive manipulation of money and assets.

The term is used to describe financial limitations that arise within relationships based on emotions or dependency, such as romantic relationships, cohabitation, family connections, and caregiving responsibilities for the elderly or disabled.

The target of financial abuse may not exclusively be female, but it is crucial that the individual is vulnerable in comparison to the perpetrator.

Violence against women as defined in the Maria da Penha Law

The Maria da Penha Act acknowledges that patrimonial violence is used to control and oppress women, keeping them dependent and submissive.

Article 7 of Law No 11.340/2006 outlines patrimonial violence as:

Any actions that involve withholding, taking, damaging, or destroying personal belongings, tools, documents, assets, or financial resources, including those meant to fulfill one’s needs, are covered under Article 7, Section IV of the Maria da Penha Law.

Patrimonial violence extends beyond damaging property to encompass acts that prevent women from accessing their financial resources, documents, or tools of work, thus undermining their independence and dignity.

The Maria da Penha Law not only acknowledges this type of violence but also offers measures to protect the assets of women who are victims of domestic violence.

Article 24 allows the judge to decide on precautionary measures to safeguard property, including:

Article 24 of the Maria da Penha Law outlines various measures to address domestic violence, including the return of stolen goods, temporary restrictions on property transactions, suspension of offender’s rights, and provision for damages through judicial deposit.

Article 24’s single paragraph continues to require the Judge to designate the appropriate office to carry out the measures outlined in paragraphs II and III, ensuring that improper financial transactions are successfully prevented.

The judge must cover the necessary expenses as outlined in Article II and III of the Maria da Penha Law.

Examples of heritage violence

Patriotic violence can appear in different ways in daily life, particularly in marital and family relationships.

This behavior includes actions that hinder women’s ability to manage their possessions and wealth, resulting in the retention, removal, or destruction of their inheritance.

In separations and property disagreements, these actions can worsen the situation, stopping the woman from receiving what is rightfully hers.

Some key instances of heritage violence include:

• The ex-partner unlawfully sells items owned by the couple, like vehicles or properties, without permission.
• One partner conceals their assets to prevent equitable division in case of separation, which is known as hiding heritage.
• Breaking valuable items on purpose, like phones and computers, is considered as the destruction of personal property.
• Limiting a woman’s access to her bank account, salary, or other financial resources through excessive control.
• Borrowing money using a woman’s name without her consent.
• Forgery or tampering with documents: Altering or falsifying signatures to gain financial benefits.

These actions, besides being forms of domestic violence, could lead to criminal offenses like robbery, theft, and embezzlement under the Criminal Code.

Distinguishing between Patrimonial Stellionate and Patrimonial Violence

Patrimonial abuse and patrimonial violence both result in financial harm to the victim, but they have distinct characteristics.

Stelionate is the act of illegally gaining an advantage by causing harm to another person through deception or fraud, as outlined in Article 171 of the Criminal Code.

The author in this situation deceives the victim to gain goods or values illegally, potentially involving others without a prior relationship.

Patriotic violence occurs when the victim’s belongings and resources are retained, taken away, damaged, or controlled, often within the setting of domestic and family violence.

Treason typically involves deceit for gaining financial benefits, whereas patrimonial violence is specifically associated with the misuse of authority in interpersonal and familial contexts.

How can patrimonial abuse be demonstrated?

Patrimonial abuse can be demonstrated by:

1. Gather all contracts associated with the assets in question and provide tax notes and vouchers indicating any unauthorized or irregular financial transactions.
2. Request bank statements that demonstrate frequent withdrawals, questionable transfers, or unauthorized use of funds.
3. Gather important messages and emails that show manipulation or coercion regarding heritage.
4. Identify individuals who can confirm incidents of financial abuse by obtaining official statements or testimonies detailing their observations.
5. In certain situations, experts might need to be employed to assess products or confirm the accuracy of agreements.

Divorce-related domestic violence

Patriotic violence may appear in divorce by holding onto possessions or financial assets.

The spouse often resorts to tactics like “false indebtedness,” fabricating debts to undermine the partner and disrupt the equitable distribution of shared assets.

In some instances, heritage is concealed and held in the name of others, presenting challenges for women to claim their entitlements.

Alimony payments can sometimes be delayed or withheld in certain situations following a separation, favoring the woman.

Read our article about the Universal Communion of Goods to learn about the different types of patrimonial systems.

Protecting individuals from financial abuse through legal tactics

Females

• Specialized legal assistance can assist women in understanding their rights regarding assets acquired during marriage or a stable relationship.
• Strategies for managing assets: Establishing formal agreements like contract agreements and coexistence pacts.
• Reviewing purchase and sale contracts, deeds, and other legal documents can help protect women from harmful clauses.
• Gathering and protecting evidence is important for exposing the hiding of assets, by keeping track of financial transactions, important communications, and supporting paperwork.

Older people

• Financial restrictions, like using specific queries and jointly managing bank accounts, can stop unauthorized actions by third parties against the elderly.
• Elderly individuals should be assisted in reviewing financial and legal documents to prevent them from being pressured into signing unfavorable agreements.

Kids

• Legal guardians appointed to protect a minor’s assets must have supervision to prevent mismanagement of resources.
• Creating legal mechanisms to safeguard children’s assets can help prevent unauthorized individuals from managing these funds in a harmful way.
• Legal steps should be taken to guarantee the proper payment of alimony.

Individuals who have disabilities

• Creating financial plans with legal oversight can help prevent fraud and ensure that resources are utilized for the disabled person’s welfare.
• It is crucial to have mechanisms in place to ensure that responsible legal representatives act in the best interest of the disabled person when intermediation is needed.

Practical advice for attorneys handling domestic violence cases.

Patriotic violence can manifest in various family dynamics, such as divorce, inheritance, elder care, and managing the assets of vulnerable individuals.

The lawyer in this field needs to take a strategic approach to ensure the protection of the client’s rights and facilitate the compensation for the harm done.

Identification and Description of Heritage Violence

The initial step is to acknowledge the activity and comprehend its different manifestations.

• Hiding assets during divorce or division proceedings;
• Misuse of financial or patrimonial resources
• Transferring goods to others fraudulently to evade property division.
• Spouses, elderly individuals, or vulnerable persons being pressured into debt.
• Alimony payment delays or non-payment causing financial hardship for the recipient.

Patriotic violence can be categorized under the Criminal Code, Civil Code, and the Maria da Penha Law.

Crimes like embezzlement, forgery, and fraud during execution can be defined in the Criminal Code.

The Civil Code includes provisions related to asset division during divorce, spousal support obligations, management of marital property, and protection against creditor fraud.

The Maria da Penha Law acknowledges patrimonial violence as the withholding, destruction, or deprivation of women’s assets and resources, allowing for the request of immediate legal actions to prevent harm.

2. Examining and Recording Test Materials

Producing evidence is crucial to demonstrate illegal activities. The attorney needs to advise the client on the significance of gathering paperwork like:

• Bank statements and financial documents showing unusual transactions.
• Scriptures and contracts that could suggest hiding inheritance.
• Messages, emails, or recordings containing threats or financial manipulation.
• Evidence of spousal support and unsuccessful efforts to obtain it.
• Nearby individuals could provide accounts of abusive behavior.

Judicial and Non-judicial Actions

The attorney can provide legal assistance in both court and out-of-court settings to secure redress and safeguard the client.

• In urgent situations where there is a high risk of harm, one can ask for immediate actions to prevent goods from being accessed, property from being seized, or property from being taken.
• If there are concerns about the improper management of items, this measure can be utilized to request an explanation regarding resource distribution.
• If the abuser presents evidence to lower or avoid paying a pension, the lawyer can ask for a review of the amount or enforce the debt.
• Legal acts done to harm someone’s assets can be invalidated if they involve suspicious transfers of property.
• In certain cases, resolving disputes outside of court through negotiation and mediation can be quicker and less tiring, ensuring that agreements are upheld regarding financial obligations.

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What does patriotic violence refer to?

Patrimonial violence refers to any actions that involve harming, withholding, taking away, destroying, or illegally controlling someone’s possessions, money, or documents, typically within relationships involving emotions, family, or dependency.

How can patrimonial abuse be demonstrated?

Patrimonial abuse can be demonstrated through various forms of evidence, such as contracts, tax receipts, payment records, bank statements, communication logs, witness testimonies, and expert reports, all of which can reveal irregularities or illegal actions.

How is patrimonial violence defined by the Maria da Penha Law?

The Maria da Penha Act (art. 7th, IV) describes patrimonial violence as any behavior involving the withholding, removal, partial or complete destruction of a woman’s belongings, personal documents, assets, values, rights, or financial resources.

What does it mean to engage in violent acts against the elderly out of patriotism?

Misuse or manipulation of the possessions, money, or paperwork of older individuals, typically carried out by caregivers or family members, with the goal of gaining financial benefits or restricting their independence.

Examples of patrimonial violence include financial control and withholding resources.

Examples consist of theft of items, hiding of assets, destruction of personal belongings, financial constraints, coerced borrowing, and forging of paperwork.

How can we stop family heritage abuse?

It is crucial to establish formal agreements like prenuptial agreements, regularly check contracts and documents, track financial transactions, appoint trustworthy legal representatives for seniors and vulnerable individuals, and seek expert legal advice in order to prevent issues.

How can incidents of heritage violence be reported?

To make a report, you need to file an incident report at the police station, seek protective measures through the courts, contact the Public Defender or support centers for women, the elderly, or vulnerable individuals, and gather evidence like documents, bank records, and witness statements to support your claim.