A lei que altera a Lei Maria da Penha, que foi criada com o objetivo de aumentar o rigor das punições sobre crimes domésticos, em especial a homens que agridem física ou psicologicamente uma mulher foi publicada com veto ao artigo que permitiria à autoridade policial conceder medidas protetivas de urgência em casos em que houver “risco atual ou iminente à vida ou à integridade física e psicológica da mulher em situação de violência doméstica e familiar o de seus dependentes”.
A justificativa para o veto do artigo que dava à polícia conceder medidas protetivas é de que algumas alterações à lei original invadiriam “competência afeta ao Poder Judiciário”, além de “estabelecer competência não prevista para as polícias civis”.
De acordo com o texto vetado, nessas situações a autoridade policial deveria fazer um comunicado ao juiz sobre a situação, no prazo de 24 horas. Caso as medidas protetivas não fossem “suficientes ou adequadas”, caberia à autoridade policial fazer uma representação ao juiz visando à aplicação “de outras medidas protetivas ou pela decretação da prisão do agressor”.
Diversas entidades já haviam se manifestado contrárias à nova lei, em especial ao artigo que ampliava o poder da polícia na aplicação da Lei Maria da Penha. Entre as críticas às alterações propostas pelo Legislativo está a de que atribuições que caberiam ao Poder Judiciário passariam a ficar a cargo das delegacias de polícia.
Na primeira versão da lei, caberia ao Judiciário a determinação de medidas e à polícia orientar a vítima sobre medidas protetivas, registrar ocorrência e apoiá-la para buscar seus pertences em casa. As organizações avaliaram que, se a mudança fosse efetivada, só seria possível pedir ao juiz novas medidas protetivas caso o delegado de polícia entendesse que fosse necessário.
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Na nova legislação, está previsto o direito da mulher vítima de violência doméstica e familiar a ter atendimento policial especializado, ininterrupto e prestado preferencialmente por servidores do sexo feminino. Além disso, apresenta procedimentos e diretrizes sobre como será feita a inquirição dessa mulher vítima de crime.
Entre as diretrizes está a de salvaguardar a integridade física, psíquica e emocional da mulher vítima desse tipo de violência; a garantia de que em nenhuma hipótese ela ou suas testemunhas tenham contato direto com investigados, suspeitos ou pessoas a eles relacionados; e a “não revitimização” do depoente, de forma a evitar “sucessivas inquirições sobre o mesmo fato nos âmbitos criminal, civel e administrativo”.
Com relação aos procedimentos relativos ao interrogatório, prevê que seja feito por profissional especializado e em “recinto especialmente projetado para esse fim, com equipamentos próprios e adequados à idade da mulher”.
A lei propõe ainda que seja priorizada a criação de Delegacias Especializadas de Atendimento à Mulher (Deams), de Núcleos Investigativos de Feminicídio e de equipes especializadas para o atendimento e a investigação das violências graves contra a mulher.
Fonte: Agência Brasil
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