Vanessa Salem Eid
Lawyer at Marcos Martins Advogados
The new regulations sanctioned by the Government of São Paulo last week are dividing opinion among legal experts and practitioners, as well as sparking debate on several fronts.
Law 17.406/2021 is still subject to regulation and will come into force in 60 days, stipulating that residential and commercial condominiums must report cases or signs of domestic violence against women, children, adolescents or the elderly.
According to the law, any aggression taking place in a common area in full view of citizens or in private areas must be reported. In other words, it makes no difference whether the aggression takes place in the garage or inside apartments or houses. Under the law, the authorities responsible must be immediately notified by the building manager and, for the time being, the part that provided for punishment in the event of non-compliance has been vetoed.
It’s important to note that the text approved by the Legislative Assembly included a warning in the first assessment in the event of the condominium’s omission, and a fine of up to R$2,900.00 from the second assessment onwards. However, Governor João Doria decided to veto this last part, arguing that “it is up to the Union to legislate on this matter” and “warnings and fines for condominiums are not provided for in federal legislation”.
São Paulo is not the only state to seek this measure with the intention of minimizing domestic violence, which has increased considerably during the pandemic, with the number of complaints rising by 40%, according to an article published in the newspaper “Isto é Dinheiro” on June 1, 2020[1].
Of the states that have already sanctioned and approved laws on this subject, 11 of them provide for fines in the event of non-compliance by the condominium – the Federal District, Bahia and Pernambuco, for example, provide for fines of up to R$10,000.
Some legal experts argue that the lack of a financial penalty could make the law ineffective, which would result in it failing to achieve its desired objective, which is to break with the culture of “no quarrel between husband and wife”. In other words, the law would have an important educational function in breaking a paradigm in the context of domestic violence.
On the other hand, several condominiums have already met with the intention of approving strategies to support people who are victims of domestic violence, such as putting up posters and sending informative emails to condominium owners. Others are preparing a booklet for managers, with guidelines on how to raise awareness among residents and the best way to file a complaint. In addition, a help button is a possibility for the condominium to be contacted in the event of violence in private environments.
By pressing the “I want help” button on the condominium service’s website or app, the victim can access a form with simple questions. The answers are sent to the SOS Justiceiras team, created by public prosecutor Gabriela Manssur, who initiates contact via WhatsApp to provide assistance[2].
Such solutions are necessary as it is very difficult to identify cases of domestic violence within the private areas of the condominium and even if identified, the initial contact to assist the victim is often complicated. Practice shows that it is not advisable to invade the home of a victim of domestic violence, since, according to experts, such attitudes are reckless and put the citizen at risk and, for this reason, several strategies are being analyzed so that residential or commercial condominiums can act proactively when they identify or suspect that someone is suffering from domestic violence.
The matter is still quite recent and is likely to divide opinion over the coming months. For this reason, Marcos Martins Advogados is closely following the evolution of the application of the law, so that it can provide its clients with the safest and most up-to-date service possible.
Have any questions? Talk to our lawyers and get advice.
[1] https://www.istoedinheiro.com.br/violencia-contra-a-mulher-aumenta-em-meio-a-pandemia-denuncias-ao-180-sobem-40/
[2] https://www.correiobraziliense.com.br/brasil/2021/09/4951690-lei-obriga-sindico-a-denunciar-violencia-domestica-predio-usa-botao-de-socorro.html
