Patriotic violence, in particular within relationships involving family or dependency, is a type of abuse that significantly impacts the independence and self-respect of those affected.
Understanding the subtle differences, ways they appear, and legal safeguards is crucial to fighting this behavior and protecting the financial security of vulnerable individuals.
This article will cover the key elements of patrimonial violence, including its legal definition, real-life instances, and methods for prevention, reporting, and recovery of the harm.
If you’re interested in learning more about recognizing, stopping, and addressing heritage violence, this text is perfect for you!
Our article also covers the various forms of violence addressed by the Maria da Penha Law.
What does patriotic violence entail?
Patriotic violence involves behaviors that impact a person’s possessions, financial assets, or control over their inheritance.
- Misuse or misappropriation of funds, goods, or paperwork.
- Damage, keeping, or removal of assets.
- Financial resources being controlled abusively.
Financial constraints in relationships or dependencies, such as in love relationships, domestic partnerships, family bonds, and caregiver responsibilities for the elderly or disabled, are referred to by this term.
The target of patrimonial violence may not always be limited to females, but it is crucial for the victim to be in a position of vulnerability in relation to the abuser.
Violence against women as defined by the Maria da Penha Law
The Maria da Penha Act acknowledges patrimonial violence as a form of control and oppression to maintain women in a state of dependency and submission.
Law No 11.340/2006’s Article 7 outlines patrimonial violence as:
Any behavior that involves withholding, removing, partially or completely destroying personal belongings, work tools, personal documents, possessions, valuables, and rights or financial resources, including those necessary to fulfill one’s needs, as stated in Article 7, section IV of the Maria da Penha Law.
Patrimonial violence goes beyond damaging property and encompasses actions that prevent women from accessing their financial resources, documents, or tools for work, thus affecting their independence and dignity.
The Maria da Penha Law offers protective measures to safeguard the assets of female victims of domestic violence, as well as acknowledging this type of violence.
The judge has the authority to establish protective measures for property protection in an injunction, as outlined in Article 24.
Article 24 of the Maria da Penha Law includes provisions for the return of wrongfully taken goods, temporary restrictions on property transactions without judicial approval, suspension of rights granted by the offender, and the establishment of provisional deposits for losses and damages resulting from domestic violence.
Article 24’s single paragraph still states that the Judge must designate the appropriate entity to enforce the measures outlined in paragraphs II and III, to effectively prevent inappropriate financial transactions.
The Judge must cover the costs outlined in Article II and III of the Maria da Penha Law.
Examples of Heritage Violence
Patriotic violence may appear in different ways in daily life, particularly within marriage and family dynamics.
This practice includes actions that hinder women’s control over their possessions and resources, leading to the holding back, taking away, or destruction of inheritance.
In separations and property disputes, these actions can worsen the situation by hindering the woman’s access to what she is entitled to.
Examples of patrimonial violence are among the main instances.
- The ex-partner unlawfully sells assets owned by the couple, like vehicles or properties, without permission.
- One partner conceals their assets to prevent fair distribution during a separation, which is known as hiding heritage.
- Breaking important items like phones and computers on purpose is considered as destruction of personal property.
- Restrictions on finances: Excessive control over a woman’s money, which stops her from using her bank account, salary, or other financial assets.
- Borrowing money using a woman’s name without authorization is considered as forced debt.
- Forgery of documents involves altering or falsifying signatures in order to gain financial benefits.
These behaviors, besides being forms of domestic violence, could lead to offenses like robbery, theft, and embezzlement, as outlined in the Criminal Code.
Difference between Patrimonial Fraud and Patrimonial Coercion
Patrimonial storiation and patrimonial violence both result in financial harm to the victim, but they have distinct characteristics.
Stelionate is the act of unlawfully gaining an advantage by deceiving or defrauding another person, as outlined in Article 171 of the Criminal Code.
The author in this situation intends to deceive the victim in order to illegally obtain goods or valuables, potentially involving third parties without needing to have a personal relationship.
Patriotic violence occurs when the victim’s possessions and resources are kept, taken away, damaged, or controlled, typically within the setting of domestic and family violence.
Treason involves fraudulent actions to gain financial benefits, while patrimonial violence is associated with the misuse of power in personal and family relationships.
How can one demonstrate financial exploitation?
Patrimonial abuse can be demonstrated by:
- Collect all contracts associated with the assets in question and provide tax notes and vouchers that demonstrate any unauthorized or irregular financial transactions.
- Request bank statements to verify excessive withdrawals, suspicious transfers, or inappropriate resource usage.
- Collect important messages and emails showing manipulation or coercion regarding heritage.
- Identify individuals who can confirm instances of financial abuse by obtaining official statements or testimonies detailing their observations.
- Sometimes, it might be required to enlist specialists to assess products or confirm the authenticity of agreements.
Divorce-related violence towards assets
Patriotic violence may be demonstrated in divorce proceedings by holding onto possessions or financial assets.
The spouse may often employ strategies like “fake debts” to disrupt the partner and complicate the equal distribution of assets obtained during the marriage.
There are situations where heritage is concealed, recorded under others’ names, creating obstacles for women to claim their entitlements.
Alimony payment could be delayed or withheld in certain situations post-separation, benefiting the woman.
Access our article about: Universal Community of Property to grasp the concepts of patrimonial regimes!
Strategies in law to safeguard individuals from financial abuse
Females
- Specialized legal assistance can help women understand their rights regarding assets acquired during marriage or a stable relationship.
- Organizational strategies for managing assets: The formalization of agreements, like contract agreements and coexistence pacts.
- Reviewing and updating contracts and documents, such as purchase and sale agreements and legal papers, can protect women from harmful clauses.
- Gathering and protecting evidence by recording financial transactions, important communications, and relevant documents can be crucial for exposing the hiding of assets.
Senior citizens
- Implementation of actions like targeted inquiries and joint management of bank accounts can prevent unauthorized transactions by third parties on behalf of the elderly.
- Elderly individuals should be assisted in examining financial and legal documents to prevent them from being pressured into signing unfavorable agreements.
Kids
- Legal guardians must be appointed to protect the assets of minors, and supervision is necessary to prevent mismanagement of resources.
- Creating legal mechanisms to safeguard children’s assets can prevent outsiders from mismanaging these funds.
- Legal steps should be taken to ensure that alimony payments are made accurately.
Individuals who have disabilities
- Creating financial planning with legal oversight can prevent fraud and ensure resources are used for the disabled person’s benefit.
- It is crucial to have systems in place to guarantee that responsible legal representatives act in the disabled person’s best interest when intermediation is needed.
Practical Advice for Attorneys Dealing with Cases of Violence Inheritance
Patriotic violence can occur in various family relationships, such as divorce, inheritance, caring for the elderly, and managing the assets of vulnerable individuals.
The attorney in this field needs to use a strategic method to ensure the defense of the client’s rights and facilitate the restitution of harm done.
Identification and Description of Heritage Violence
The initial stage involves identifying the activity and comprehending its different manifestations.
- Goods being hidden during divorce or asset division proceedings;
- Misuse of financial or property resources.
- Transferring goods fraudulently to others to prevent property division.
- Spouses, elderly, or vulnerable individuals being pushed into debt.
- Alimony payments being delayed or not made can cause financial hardship for the recipient.
Patriotic violence can be characterized in the Criminal Code, Civil Code, and the Maria da Penha Law.
Crimes like embezzlement, forgery, and fraud during execution can be established in the Criminal Code.
The Civil Code includes provisions for asset division in divorce, spousal support, management of marital assets, and protection against creditor fraud.
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 immediate legal actions to prevent harm.
2. Collection and Documentation of Tests
Producing evidence is crucial for demonstrating illegal activities. The attorney should advise their client on the significance of gathering paperwork like:
- Bank statements and financial documents showing unusual transactions.
- Text: Scriptures and contracts that could suggest hiding inheritance.
- Messages, emails, or recordings displaying threats or financial coercion.
- Evidence of spousal support and unsuccessful efforts to obtain it.
- Testimonials from individuals in close proximity who could potentially report abusive behavior.
3. Legal and Non-legal Actions
The lawyer can provide assistance both within the legal system and outside of it to seek redress and protection for the client.
- In urgent situations where there is a high risk of harm, you can ask for preliminary measures to freeze assets, seize property, or confiscate property.
- If there are concerns about mismanagement of goods, this measure can be taken to request an explanation regarding the distribution of resources.
- If the abuser presents evidence to lower or avoid paying a pension, the attorney can ask for a review of the amount or for the debt to be enforced.
- Legal acts carried out to damage the victim’s assets can be challenged through the annulment of fraudulent activities.
- Extrajudicial resolution, such as negotiation and mediation, can sometimes be quicker and less tiring, enabling agreements to ensure the fulfillment of financial obligations.
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Frequently Asked Questions
What constitutes patriotic violence?
How can one demonstrate financial exploitation?
What is considered patrimonial violence according to the Maria da Penha Law?
What constitutes acts of patriotic violence towards senior citizens?
The mistreatment or manipulation of the possessions, money, or paperwork of older individuals, typically done by caregivers or family members, with the goal of gaining financial benefits or restricting their independence.
