Brazzil
Politics
October 2002
Contrasting How the United States and Brazil Deal with Domestic Violence Against Women
Ever since Nicole Brown Simpson was killed in 1985 and her husband, football legend O.J. Simpson, was accused of the crime, domestic violence has become a priority for advocacy by women's rights groups, been a topic of focus for the news media, and become an urgent matter within the United States criminal justice system.
Unfortunately, domestic abuse is universal and is not just confined to age, race, social-class, culture or country. Brazil finds itself simultaneously confronted by this predicament. Yet, each nation deals with it according to the underlying belief systems, traditional styles of relating, social customs, and types of sanctioned governmental intervention available in accordance with its own laws and within its proper establishments.
It is arrogant for one country to believe that they hold the answers for how concerns should be viewed or handled within another nation or to think one's own reasoning or stances are superior. Yet, in comparing how issues are dealt with within respective lands, we can better evaluate what works and doesn't work within our own, and where, or if, there is room for modification and improvement.
A common stereotype within the United States is that countries with deeper ingrained cultural machismo are more prone to brutality against women. However, this appears to be untrue in the case of Brazil where 23 percent of women will be victims of a violent act at some point in their life, this statistic being about the same as in the United States. It is interesting to note, though, the differences.
An act of domestic violence takes place against a woman in the U.S. every 15 seconds, while in Brazil, one occurs every four minutes. The difference in population size (a total of 175 million persons in Brazil compared to 250.4 million in the U.S. according to the 2000 census) may account for some of the discrepancy, but even this would not provide a total explanation, thus making it reasonable to assume that domestic abuse constitutes a lesser percentage of atrocities against women than in the U.S.. Even more interesting to note is that women are the victims of 95 percent of domestic violence in the U.S., while in Brazil, women account for 63 percent.
In both countries, there is a reluctance for women to speak to police officers when a violation has sexual components and/or takes place within the home due to the lack of empathy and the feeling that the officer is looking for ways to blame the woman for the crime. The U.S. has attempted to mitigate this problem by hiring more patrol women within the system, who can hopefully be present for the initial report, and by establishing rape treatment and domestic violence centers who have trained counselors available to support and accompany the victim during treatment and subsequent dealings with law enforcement and the criminal justice system.
Brazil's answer has been to establish completely separate police stations known as Delegacias da Mulher (Woman's police stations) where the women employees not only serve as peace officers, but also provide psychological and social assistance. Besides dealing directly with the female victims, they are responsible for analyzing the facts and seeing to the arrest of the person committing the grievance. They also lecture on violence in the schools and community, much as officers do in the United States.
The first Delegacia in Latin America was created in August of 1985 in São Paulo, the most populated city in Brazil, in order that, according to Brazilian historical and political author, Frei Betto: "In that form, the women who were victims of beatings, sexual violence, or of whatever other type (of maltreatment) will have the power to register complaint without passing through the constraint of relating the occurred facts to the men who work in the police stations."
There are now 278 of these law enforcement agencies formerly known as DEAMs (Delegacias Especializadas de Atendimento à Mulher translating to 'police stations specialized in attending to the woman'). However, these centers are faced with current challenges. In 32 percent of them, there are no arms available for the officer's protection. 20 percent have no telephone line. 76 percent are closed on the weekends and 77 percent do not have someone available 24 hours daily. 61 percent do not have an officer who is a trained psychologist and, disconcertingly, 53 percent of the policewomen have not had specific training in domestic abuse. While domestic violence extends to all parts of the country, 61 percent of the delegacias are located in the southeast region, which includes the larger cities of São Paulo and Rio de Janeiro.
Defining Violence
California Penal Code 273.5 interprets domestic violence as infliction of a corporal injury resulting in a traumatic condition upon a spouse, former spouse, co-inhabitant, former co-inhabitant, or parent of a child. Brazil has expanded on this explanation by defining domestic abuse as "any act of violence which results in damage or psychological suffering of a sexual physical nature, or threats, coercion, arbitrary deprivation of freedom or wants if they (the acts) are produced in public or private life."
Most common complaints relating to domestic trauma noted in police reports received by the Los Angeles District Attorney's office include assault (attempt, coupled with present ability to commit an act of violence), battery (a willful act of violence), stalking, threats, harassment, and domestic rape. In the delegacias, the most common complaints have been threats, violence to modesty (compelled close contact without sex, i.e., rubbing up against a woman in a public place), defamation (speaking against a woman's honor), injury crimes (which include battery without the presence of physical marks), aggravated assault which has resulted in harmed health, and domestic rape.
United States officers will attempt to diffuse the situation, many times removing one of the parties, at least temporarily, from the home (mandatory if the aggressor is in violation of a restraining order), issue temporary restraining orders (TROs), and equip the victim with resources for follow-up support provided by domestic violence counselors and victim advocates. Victims are advised to contact the station if they would like a copy of the police report.
A new law which went into effect on January 1, 2000, entitles the victim to have one copy made available at no charge within five days upon request. Should medical treatment be necessary, an officer will usually accompany the victim to, or meet them at, the hospital and/or transport them to a domestic violence shelter. Meanwhile the emotional care of the victim is passed on to counselors from domestic violence agencies, psychologists, and victim advocates within the prosecutor's office who may either be summoned to the hospital, or contacted by the victim at a later date.
Besides supporting the victim immediately following an incident, a later attempt is made to educate her on the components comprising the stereotypical 'cycle of violence', while analyzing the psychological dynamics and personality maladjustments of the involved parties.
Brazilian police will also arrest aggressors and can evacuate women to shelters if considered necessary. However, it seems that, unless the injuries are severe enough to require immediate attention, women are counseled to follow up with medical treatment at a local clinic or hospital and to keep their own copies of documents and test results if further legal action is necessitated.
Community support comes from the station itself, where in the words of police members of the San Carlos' (state of São Paulo) Office of Psychology for the Delegacia, objectives beyond report taking and diffusing or removing the aggressor is seen as: "1) educating the woman of the right to be human, specifically a woman, of not having to suffer physical, psychological, or sexual aggression. 2) reversing beliefs which continue to perpetrate violence, and 3) analyzing the underlying beliefs which are brought to the police's attention at the station and to attending to the violence and aggressors in a form perfect to the matter complained of." However, once they leave the headquarters, the extended family is encouraged to play the more active role.
While neighbors may call for emergency law enforcement intervention with a resultant dispatch to the scene of a domestic violence occurrence in the U.S., neighbors cannot go to a police station to file a written complaint. In Brazil, they can, where the complaints are viewed with the same concern as if the victim had walked into the station herself
Police Report
Reports in both countries read similarly. The report opens with the usual jargon as to whom, what, when, and where. This is followed by facts relative to time of cohabited life, previous history of domestic violence between victim and aggressor, description of the incident, and standard closing vocabulary.
Medical attention rendered also appears to be similar, as both countries take care to register the injuries, preserve evidence, take measures to prevent STDS or HIV if the woman was raped, and issue emergency pills for the prevention of unwanted pregnancies.
Causes of domestic mistreatment appear to be viewed a little differently within the respective countries. According to material contained in a domestic violence victim assistance training manual compiled by the Los Angeles District Attorney's office, the U.S. view focuses on factors pertinent to individuals such as childhood abuse endured by one or both parties, psychological maladjustment and behavioral disorders on the part of the aggressor, accompanied by the low self esteem and dependency needs of the victim manifesting themselves in a "cycle of violence, "with drugs and/or alcohol often contributing a major influence.
Brazilians seem to see the problem as not originating from a specific origin, but rather from errant constructions of society derived from ancient civilizations and misinterpretations of tenets found in all major religions. Credence similar to U.S. beliefs is also accounted for in statements such as that made by Gildeci Marine Alves, Titular Commission Agent of the Delegacia da Mulher of Goiânia (capital city of Goiás state) who sees violence against females as stemming from "masculine convictions regarding women as property and feminine financial dependency giving rise to a feeling of powerlessness and a need to submit which play a strong role, along with alcohol and drug misuse."
In the United States, the aggressor is usually categorized as 'the batterer', 'the perpetrator', or 'the abuser'. A somewhat differing view was taken by attendees of the Forum of Whole Treatment to the Female Victim of Sexual Violence, which took place in São Paulo on November 20, 2001, where it was stated that an aggressive male should not be labeled as some kind of deviant, but given the description of "homen autor de violência contra a mulher" (male author of violence against the woman).
The attendees reasoned that this title "confirms our comprehension that these men are not only aggressors, but live in society, work, maintain relations of friendship, love, and marriage, etc. Thus, we adopt the position that he (the aggressor) deserves to be punished in accordance with Brazilian laws, but believing also that this man is capable of reversing his behaviors and assuming a process of change for which he needs support."
In California, Section 273.5 of the state's penal code allows the aggressor to be sentenced to state prison for two, three, or four years, or in a county jail for not more than one year and/or fined up to $6,000. Probation can be granted or the execution or imposition of a sentence suspended upon condition that the aggressor attend a batterer's treatment program. He may also have to make payments to a battered woman's shelter of an amount up to $5,000 along with reimbursing the victim for any expenses incurred for medical and psychological treatment.
In Brazil, the aggressor can be sentenced to prison for 1-8 years, depending upon the severity of the crime, or have the confinement substituted for by imposition of a fine. Always flexible in its approach, the law does provide leeway for diminishment or increase within these sentencing guidelines based on circumstances.
In the U.S., men's batterer programs seem to be fairly standard in format. They consist of 1) education on the dynamics of battering, male socialization and cultural learning, and how violence affects the victim and others who may have witnessed the incident. 2) values assessment in the form of group therapy 3) communication strategies for decision making and conflict resolution. The programs usually last from 3 to 12 months and participants are generally discharged after completing the required number of meetings regardless of actual performance in the group sessions.
In Brazil, psychological treatment is customized to the aggressor based on 1) the degree and complexity of the problem. 2) the individual's motivation to change, and 3) the resources available through existing organizations and structures. It is postulated that treatment "should be given to each man until the point where he wishes to and assumes thought, vision, and self-awareness, and subsequently modifies his attitudes and behavior."
According to the Jornal do Brasil of August 16, 2002, if elected in October, Brazilian PT (Partido dos Trabalhadores(Worker's Party) candidate, Luiz Inácio Lula da Silva, plans to create the office of National Secretary of the Rights of Women and is looking to São Paulo mayor Marta Suplicy or Rio de Janeiro governor, Bernedita da Silva, to fill that bill. Both women have strong personalities and it will be interesting to see what changes and advances would be made in handling domestic violence under their leadership.
But whatever the result of the presidential election in Brazil, it remains to be seen how both of these two nations, located on opposite sides of the equator, will continue to address and try to resolve the issues, attitudes and beliefs contributing to their particular situations in respect to domestic violence.
Jennifer Grant wishes to thank Jazon da Silva Santos, Los Angeles resident, formerly of Maceió, for equipping her with the Portuguese language skills necessary to research this article along with Ana Paula Duarte, Los Angeles resident, formerly of Rio, and Eduardo Borgerth of Niterói for helping her to maintain them. She is a free-lance journalist and former victim advocate for the L.A. District Attorney's Office. She hopes her future will include journalism and Christian missionary work in Brazil along with promoting better understanding between the citizens of both Brazil and the U.S. You may write her in either English or Portuguese at sjennig@yahoo.com