On October 28, 2021, Brazilian President Jair Bolsonaro promulgated Law No. 14,232 (Lei No. 14.232, de 28 de outubro de 2021), which creates the National Policy of Data and Information Related to Violence Against Women (Política Nacional de Dados e Informações relacionadas à Violência contra as Mulheres, PNAINFO). The aim of this policy is to unify, organize, systemize, and make available data and information pertaining to all types of violence against women. (Lei No. 14.232, art. 1.)
PNAINFO’s guidelines include (1) integrating the databases of executive, legislative, and judiciary bodies that assist women who are in situations involving violence and (2) transparently producing and managing information about violence against women in the country. (Art. 2(I)–(II).) This updated and consistent data should incentivize social participation in and critical evaluation of public policies combating violence against women. (Art. 2(III).)
As examples of its various objectives, PNAINFO will subsidize the formation, planning, implementation, monitoring, and evaluation of policies combating violence against women. (Art. 3(I).) It will also produce accessible, authentic, integral, and comparative information about all types of violence against women. (Art. 3(II).) PNAINFO has the objective of making information available through an electronic system that provides fast and complete access to data, except for data that is legally restricted from publication. (Art. 3(III).) Furthermore, PNAINFO is responsible for the regulation, integration, and availability of database indicators from health, social assistance, public safety, and justice organizations that help women in situations involving violence. (Art. 3(VI).)
To achieve the multiple objectives of PNAINFO, an electronic Unified Registry of Data and Information about Violence against Women (Registro Unificado de Dados e Informações sobre Violência contra as Mulheres) will be established. (Art. 4.) This registry is to contain information and data about administrative records and specialized services related to women in situations involving violence, as well as public policies that combat violence against women. (Art. 4(§ 1).) Entries in the registry are to contain, at a minimum, the location, date, and description of the violence women have experienced in particular situations. (Art. 4(§ 2)(I).) In addition, entries are to include information about the assaulted women’s profiles, including age, race and ethnicity, disability, income, profession, and relationship with the aggressor. (Art. 4(§ 2)(II).) The same information regarding the aggressor is also to be included. (Art. 4(§ 2)(III).)
Other information contained in the Unified Registry is to include incidents of violence against women registered by police organizations (art. 4(§ 2)(V)), as well as the number of required protective measures taken by the Public Prosecutor Ministry (Ministério Público) and the assaulted woman (art. 4(§ 2)(VII)). Moreover, the registry is to include the number of cases of violence against women judged by the courts and the sentences handed down, as well as measures to reeducate convicted aggressors and reintegrate them into society. (Art. 4(§ 2)(VIII)–(IX).) Entries are also to include information on services provided to women by health, social assistance, public safety, justice, and other services that specialize in services for women in situations involving violence (art. 4(§ 2)(X)), and also the number of violent deaths of women (art. 4(§ 2)(XI)).
President Bolsonaro promulgated the law with a partial veto, including the veto of a proposed article 5. Article 5 stated that the implementation of PNAINFO would be monitored at the federal level by a committee formed by representatives of the executive, legislative, and judiciary powers. The rationale for the veto states that giving responsibilities to a federal executive branch body through a parliamentary amendment violates the constitutional principal of the separation of powers.
The Chamber of Deputies and the Federal Senate have until November 28, 2021 to deliberate on the vetoes in a joint session. (Constituição da República Federativa do Brasil e 1988, art. 66(§ 4).) If 30 days pass without deliberation, the law enters into effect with the vetoes pending until Congress holds a final vote on them. (Art. 66(§ 6).)Prepared by Elizabeth Marin, Law Library intern, under the supervision of Eduardo Soares, Senior Foreign Law Specialist