between 2006 and 2010.70 In March 2012, the United Nations Committee on the Elimination of Discrimination Against Women (hereinafter “CEDAW Committee”) noted the lack of specialized personnel in cases of domestic and family violence within the Judiciary and the absence of data on such violence.71 57. In 2019, the National Council of Justice (hereinafter “CNJ”) and IPEA published the report on a study of the performance of the Judiciary in dealing with violence against women, in which they concluded that, although the judicial units specialized in violence against women was definitely a “gain for the treatment of cases, the profile of the magistrate in charge of the court was a decisive factor in the quality of care provided to women. Thus, the service observed that a non-specialized court headed by a magistrate committed [to women’s rights] tended to be more qualified than that of a specialized court headed by a reluctant or even a moderate judge [in relation to the issue of women’s rights].”72 The report also noted that, despite the fact that the dynamics of domestic violence do not vary much, the response of the Judiciary is very heterogeneous, since it depends on personal and institutional factors. 73 B. 58. The relevant regulatory framework At the time of the facts, Article 53 of the Brazilian Constitution established that: Art. 53. Deputies and Senators enjoy civil and criminal inviolability on account of their opinions, words and votes. § 1º - From the date of the issuance of the certificate of electoral victory, members of the National Congress may not be arrested, except in flagrante delicto of an unbailable crime, nor may they be criminally prosecuted without prior authorization by the respective House. § 2º - The rejection of the demand for authorization or the absence of a decision shall suspend the statute of limitations for the duration of the term of office. § 3º - In the event of flagrante delicto of an unbailable crime, the case records shall be forwarded within twenty-four hours to the respective Chamber which, by the secret ballot of the majority of its members, shall decide on the arrest and authorize or not the indictment. […]74 59. On December 20, 2001, the National Congress approved Constitutional Amendment No. 35/2001 (hereinafter “EC 35/2001”),75 which modified part of the text of the above-mentioned provision, which now reads as follows: Cf. Expert opinion rendered by Henrique Marques Ribeiro at the public hearing, supra. Cf. UN, CEDAW Committee. Final observations of the Committee on the Elimination of Discrimination Against Women. Brazil. Doc. CEDAW/C/BRA/CO/7. March 23, 2012, para. 18. Available at: http://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsmPYo5NfAsNvhO7uZb6 iXOQTk81jjBPn%2BluOW1Jupg%2BCZo86RoOdq25SNCEYrK%2FTqi8PcoAl7yAywQZwia%2F4Lki4NfXwOHkXuwIbpq ojl80U. 72 CNJ and IPEA. Research Report: The Judiciary- confronting domestic and family violence against women. 2019, p. 158. Available at: https://bibliotecadigital.cnj.jus.br/jspui/bitstream/123456789/377/1/Relat%c3%b3rio%20%20O%20Poder%20Judici%c3%a1rio%20no%20Enfrentament%20%c3%a0%20Viol%c3%aancia%20Dom%c3%a 9tica%20e%20Familiar%20Contra%20as%20Mulheres.pdf. 73 Cf. CNJ and IPEA. Research Report: The Judiciary: confronting domestic and family violence against women, supra. The study in question found that: "Although the primary objective of the legislation is to provide humanized attention to women in situations of domestic violence, it was found that some legal actors do not believe that the Judicial Branch has the role of providing special attention to women or should carry out actions close to what can be called "public policy," showing indignation at the expansion of public action on the issue or what they refer to as "indiscriminate use of criminal law." The processing of proceedings in the Judiciary is, as a general rule, much more rigid than the real dynamics of domestic violence conflicts and the treatment they require.” 74 Cf. Original text of Article 53 of the Constitution of the Federative Republic of Brazil, October 5, 1988. Available at: https://www.Senate.leg.br/atividade/const/con1988/con1988_atual/art_53_.asp. 75 Cf. Constitutional Amendment No. 35, December 20, 2001. Available at: http://www.planalto.gov.br/ccivil_03/constituicao/emendas/emc/emc35.htm. 70 71 -19-