continues to be today- a structural and widespread problem.38 The absence of national
statistics, especially before the 2000s, hinders the design and implementation of effective
public policies to combat such violence. 39 At the time of the facts, there was no data on the
number of violent deaths of women related to their gender.40 The first information began to be
compiled under the denomination of femicide very recently.41
48.
At the same time, there was a culture of tolerance of violence against women,
illustrated, for example, by the way in which the media presented the news of violence against
women, by romanticizing it rather than rejecting it.42 In this regard, it has been recognized
that a high level of tolerance of violence against women is normally associated with, and in
some cases generates, high rates of femicide.43
49.
The first national survey on violence in Brazil, carried out in 1988 by the Brazilian
Institute of Geography and Statistics (IBGE),44 indicated that 63% of the victims of domestic
violence were women and that in 70% of these cases, the perpetrator was the woman’s
husband or partner.45 Similarly, a study caried out in 2004 estimated that every 15 seconds a
woman was severely beaten by a man in Brazil.46 Another investigation conducted by the
Brazilian Senate in 2015 found that one in five women had experienced some form of domestic
or family violence,47 that women with the lowest levels of education are the most affected and
Cf. IACHR. Report on the Situation of Human Rights in Brazil. OAS/Ser.L/V/II.97. Doc. 29 rev.1, September
29, 1997, Chapter VIII, and IACHR. Report on the Situation of Human Rights in Brazil. OAS/Ser.L/V/II, February 12,
2021, paras. 87 to 101. See also the expert opinion rendered by Carmen Hein in the public hearing held on February
3 and 4, 2021 before the Inter-American Court.
39
Cf. Expert opinions rendered by Carmen Hein and Henrique Marques Ribeiro at the public hearing held on
February 3 and 4, 2021, before the Inter-American Court.
40
Cf. Expert opinion rendered by affidavit by Wânia Pasinato on January 12, 2021 (evidence file, folio 10289).
41
Cf. Expert opinion rendered by Carmen Hein at the public hearing held on February 3 and 4, 2021 before
the Court.
42
Cf. BLAY, Eva Alterman. “Violencia contra la mujer y políticas públicas. Estudios Avanzados” (Violence against
women and public policies. Advanced Studies) vol. 17, nº 49, São Paulo, Sept./Dec. 2003, page 93. Available at:
http://www.scielo.br/scielo.php?script=sci_arttext&pid=S0103-40142003000300006.
43
Cf. Geneva Declaration Secretariat. Chapter 4: When the Victim is a Woman. Global Burden of Armed
Violence:
Lethal
Encounters.
2011,
pg.
122.
Available
at:
http://www.genevastatement.org/fileadmin/docs/GBAV2/GBAV2011_CH4_rev.pdf. The Geneva Declaration on Armed
Violence and Development, which is now endorsed by over 100 states, is a diplomatic initiative aimed at “addressing
the interrelations between armed violence and development”. The Geneva Declaration was first adopted by 42 states
on June 7, 2006 during a Ministerial Summit in Geneva. The Ministerial Summit “reflected a strong common political
will by both representatives of the donor community and by countries directly affected by armed violence to address
the challenge of developing measures to reduce political and criminal armed violence in order to enhance sustainable
development
at
the
global,
regional,
and
national
level.
Information
Available
at:
http://www.genevastatement.org/the-geneva-statement/what-is-the-statement.html.
44
Cf. LINHARES, Leila. Violence against women in Brazil and the Convention of Belém do Pára In El Progreso
de las Mujeres en Brasil UNIFEM, Ford Foundation, CEPIA: Brasilia. 2006, p. 261. Available at:
http://www.mpsp.mp.br/portal/page/portal/Cartilhas/Progresso%20das%20Mulheres%20no%20Brazil.pdf.
45
Cf. LINHARES, Leila. Violence against women in Brazil and the Convention of Belém do Pára. In El Progreso
de las Mujeres en Brasil, supra, p. 262.
46
Cf. VENTURI, Gustavo; Recamán, Marisol; Oliveira, Suely of (Orgs.). La mujer brasileña en los espacios
público y privado. 1. edition. São Paulo: Editora Fundaçión Perseu Abramo. 2004, p. 26. Available at:
https://library.fes.de/pdffiles/bueros/Brazilien/05629-introd.pdf.
47
According to Article 5 of Law No. 11.340 (“Maria da Penha Law”), “[…] domestic and family violence against
women is any act or omission based on gender that causes death, injury, physical, sexual or psychological suffering
and moral or patrimonial damage [if it occurs] within the domestic unit, understood as the permanent living space of
persons, with or without family ties, including those added sporadically; […] within the family, understood as the
community formed by persons who are or are considered to be related, united by ties of kinship, affinity or by express
will; […] in any intimate relationship of affection, in which the aggressor lives or has lived with the victim, regardless
of cohabitation.” This provision also states that personal relationships are independent of sexual orientation. Cf. Law
Nº 11.340 of August 7, 2006 (evidence file, folios 8922 to 8931).
38
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