Patriotic violence, especially within close relationships like family or dependency, directly impacts victims’ autonomy and dignity.
Understanding the subtle differences, ways of appearing, and legal safeguards is crucial in fighting this behavior and safeguarding the financial security of vulnerable individuals.
This article will cover the key elements of patrimonial violence, including its legal definition, practical examples, 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!
Check out our article on the various forms of violence targeted by the Maria da Penha Law.
What constitutes patriotic violence?
Patriotic violence involves behaviors that impact a person’s possessions, finances, or control over their heritage. This encompasses actions such as:
- Misuse or unauthorized use of funds, assets, or records.
- Damaging, keeping, or taking away belongings.
- Financial resources being controlled in an abusive manner.
Financial limitations that arise within relationships and dependencies, such as in familial connections or caregiving responsibilities, are described by this term.
The target of financial abuse may not always be a woman, but it is important that the individual is vulnerable compared to the abuser.
Violence against women as defined in the Maria da Penha Law
The Maria da Penha Act acknowledges patrimonial violence as a means of controlling and oppressing women, aiming to maintain their dependency and submissiveness.
Article 7 of Law No 11.340/2006 outlines patrimonial violence as:
Article 7, section IV of the Maria da Penha Law states that any action involving the withholding, removal, or destruction of personal belongings, work tools, documents, assets, or economic resources meant to fulfill one’s needs is prohibited.
Patrimonial violence goes beyond damaging property and encompasses actions that prevent women from accessing their financial resources, documents, or tools for work, thereby undermining their independence and dignity.
The Maria da Penha Law offers protective measures to safeguard the assets of women who are victims of domestic violence, in addition to acknowledging this type of violence.
Article 24 allows the judge to specify protective measures in an injunction to safeguard property.
Article 24 of the Maria da Penha Law provides for the return of wrongfully taken goods, temporary prohibition of certain acts without judicial authorization, suspension of conferred claims by the offender, and provision of provisional deposit for losses and damages resulting from domestic violence.
Article 24’s single paragraph still mandates that the Judge must designate the appropriate office for carrying out the measures outlined in paragraphs II and III, to ensure the prevention of improper financial transactions.
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 within marriage and family dynamics.
This practice includes actions that restrict women from controlling their assets and resources, leading to the retention, subtraction, or destruction of inheritance.
These actions can worsen the situation in separations and property disputes, hindering the woman’s access to what she is entitled to.
Some key instances of heritage violence include:
- The ex-partner sells possessions owned by the couple, like vehicles or property, without permission.
- One partner conceals their assets to prevent equal distribution during a separation, thus hiding shared heritage.
- Intentional damage to valuable items like phones and computers.
- Financial limitations: Excessive regulation of a woman’s financial resources, hindering her ability to access her bank account, salary, or other financial assets.
- Borrowing money using a woman’s name without her permission.
- Altering or forging documents: Modifying or forging signatures to gain financial benefits.
These behaviors, aside from being forms of domestic abuse, could lead to offenses like robbery, theft, and embezzlement as outlined in the Criminal Code.
Distinguishing between Patrimonial Deceit and Patrimonial Coercion
Patrimonial storionate and patrimonial violence both cause financial harm to the victim, but they have distinct characteristics.
Stelionate is when an individual unfairly benefits from causing harm to another person through deceit or fraudulent means, as outlined in Article 171 of the Criminal Code.
The author intentionally deceives the victim to unlawfully gain goods or values, possibly involving third parties, without needing a domestic connection.
Patriotic violence occurs when the victim’s possessions and resources are held, taken away, damaged, or managed, often within the realm of domestic and family violence.
Treason involves deceit for gaining financial benefit, while patrimonial violence is associated with misuse of power in personal and family connections.
How can patrimonial abuse be demonstrated?
Patrimonial abuse can be demonstrated by:
- Gather all contracts pertaining to the assets and provide tax notes and vouchers highlighting any unauthorized financial activities.
- Request bank statements that demonstrate excessive withdrawals, suspicious transfers, or inappropriate resource usage.
- Gather messages and emails that show manipulation or coercion connected to heritage.
- Identify individuals who can support claims of financial abuse by obtaining formal statements or testimonies documenting their observations.
- In certain situations, experts might need to be hired to assess products or confirm the legitimacy of agreements.
Divorce-related violence targeting assets.
Patriotic violence may occur during divorce when one party retains possessions or financial assets.
The spouse often employs strategies like “false indebtedness” to disrupt the partner and prevent a fair distribution of assets obtained during the relationship.
Sometimes, heritage may be concealed or registered under someone else’s name, creating obstacles for women seeking their rightful inheritance.
Alimony payment may be delayed or denied in certain situations, favoring the woman after separation.
Access our article about Universal Communion of Goods to learn about patrimonial regimes.
Legal approaches to safeguard individuals from Patrimonial Violence.
Females
- Legal guidance on estate administration: Accessing expert legal assistance can assist women in gaining a clearer understanding of their entitlements concerning assets obtained during marriage or a committed partnership.
- Organizational strategies for managing assets: Formalizing agreements, like contract deals and cohabitation pacts.
- Reviewing and updating contracts and documents can help prevent harm to women from unfair terms in purchase and sale agreements and legal documents.
- Gathering and protecting evidence is crucial for exposing the hiding of assets, by documenting financial transactions, important communications, and related paperwork.
Senior citizens
- Implementation of tactics like asking for specific approvals and jointly managing bank accounts can prevent unauthorized transactions by third parties on behalf of the elderly.
- Elderly individuals should be assisted in reviewing financial and legal documents to avoid signing unfavorable agreements.
Kids
- Legal guardians appointed to protect a minor’s assets need oversight to prevent misuse of resources.
- Creating legal mechanisms to safeguard children’s assets can prevent outside parties from mismanaging these funds.
- Legal steps should be taken to make sure that spousal support is provided as guaranteed by law.
Individuals who have disabilities
- Creating financial planning with legal oversight can prevent fraud and ensure resources are used to benefit individuals with disabilities.
- In situations involving intermediation, it is crucial to have measures in place to guarantee that the responsible legal representatives act in the disabled person’s best interests.
Practical advice for attorneys dealing with cases of violence against cultural heritage.
Patriotic violence, which can manifest in various family dynamics like divorce, inheritance, caring for the elderly, and managing the assets of vulnerable individuals, is a type of abuse.
The attorney in this field needs to use a strategic method to ensure the safeguarding of the client’s rights and facilitate the restoration of any harm done.
Identification and Description of Heritage Violence
The initial stage involves identifying the activity and comprehending its different manifestations.
- Hiding assets during divorce or division proceedings.
- Misuse of financial or property resources.
- Transferring goods fraudulently to other parties to avoid property division.
- Spouses, elderly, or vulnerable individuals being pressured into debt.
- Alimony payment delays or negation causing financial hardship for the recipient.
Patriotic violence is defined in the Criminal Code, Civil Code, and the Maria da Penha Law (Law 11.340/2006).
In the Criminal Code, offenses like embezzlement, forgery, and fraud during execution can be established.
Protections related to the division of assets in divorce, spousal support obligations, management of marital assets, and prevention of fraudulent activities against creditors are outlined in the Civil Code.
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 urgent legal actions to prevent harm.
2. Collection and Documentation of Tests
Producing evidence is crucial to demonstrating illegal activities. The attorney should advise their client on the significance of gathering paperwork like:
- Bank records and financial documents showing unusual transactions.
- Scriptures and agreements that could suggest hiding inheritance.
- Messages, emails, or recordings displaying threats or financial coercion.
- Evidence of spousal support and unsuccessful efforts to obtain it.
- Witness accounts from individuals in the vicinity who could potentially report inappropriate behavior.
Judicial and non-judicial actions
The lawyer can provide assistance in both legal and non-legal matters to secure compensation and safeguard the client.
- In urgent situations where there is a risk of harm, liminar measures can be requested to freeze assets, seize property, or confiscate property.
- If there are concerns about improper management of goods, this action can be taken to request explanations about the allocation of resources.
- If the abuser presents evidence to lower or stop pension payments, the lawyer can ask for a review of the amount or the debt to be collected.
- Legal actions can be taken to cancel transactions that are believed to be fraudulent and intended to harm someone’s assets.
- In certain cases, using negotiation and mediation outside of court can be quicker and less tiring, making it possible to ensure that patrimonial obligations are met through agreements.
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Frequently Asked Questions
What constitutes patriotic violence?
How can patrimonial abuse be demonstrated?
What is considered patrimonial violence according to the Maria da Penha Law?
What does patriotic violence towards the elderly entail?
The exploitation of the elderly involves caregivers or family members misusing or controlling their possessions, money, or documents to gain financial benefits or restrict their independence.