The acting president of the Republic, Geraldo Alckmin, signed into lawLaw 15.516/26which creates a unified protocol for care in health units or police stations for cases of sexual assault and violence against women, children, adolescents, and vulnerable people.
The regulation was published in the Official Gazette of the Union on Wednesday (23). The text originated from Project of Law 2525/24, by Deputy Coronel Fernanda (PL-MT),approved by the Chamber of Deputiesand by the Federal Senate.
The new law allows to configure non-compliance with the protocol as institutional violence, if this results in revictimization or prejudice to the investigation or protection of the victim. According toLaw on Abuse of Authority, of 2019, this crime is punishable bydetentionfrom 3 months to 1 year and a fine.
The text specifies that, if the first assistance to the victim is provided by a public safety professional, he must ensure the immediate referral of the person to the public health unit and record the incident.
Veto
Wasvetoed, however, the article that determined the forwarding of the medical report to the competent authority, by the health unit, in the event of the detection of violence or sexual assault during the initial care.
In the justification of the veto, Geraldo Alckmin explained that the measure contradicted the public interest by determining the forwarding of the report without the consent of the victim and without the delimitation of the necessary information, "which compromises the privacy, private life, professional secrecy and the right to the protection of personal data."
"Furthermore, the measure may discourage seeking health care and favor revictimization," he continued.
Immediate medical attention
In the event of the victim being attended to by a law enforcement professional and their referral to the public health unit, the established protocol should be followed, which reinforces the need to adopt the prophylactic and therapeutic measures provided for inLaw 12.845/13through immediate medical attention.
In the treatment of injuries and in emergency care, healthcare professionals should preserve materials and evidence that can be collected in the forensic medical examination. If any material is collected at the health unit, it should be forwarded to the official criminal forensic agency.
The victim will have the highest priority for treatment, including at the official forensic department for the performance of a forensic examination. If she is unable to attend, the expert will travel to the location where she is to perform this examination.
The forensic report must be completed and submitted to the police authority within a maximum of ten consecutive days, which may be extended in accordance withThe Code of Criminal Procedure.
In areas where there is no official criminal forensic department, the examination must be carried out by an unofficial expert appointed by the competent authority.
Crime scene
The law reinforces that the victim must be informed, in a clear and accessible manner, about all their rights, including access to specialized medical and psychological care, as well as social assistance.
Regarding the crime scene, the police officer must take all necessary measures to preserve the environment and any physical evidence that may contribute to the investigation until the arrival of official criminal experts.
These experts will then be responsible for preserving the crime scene and conducting forensic examinations.
Reserved rooms
Police or health units where victims of violence against this population receive care must have reserved rooms, intended for multidisciplinary support and care, in accordance with the guidelines for protection, privacy, and respect for privacy.
In the event that the victim is a child or teenager, the Child and Adolescent Protection Council should be notified and may, in accordance with the provisions of theEstatuto da Criança e do Adolescente, authorize and implement the necessary procedures. These situations involve, for example, difficulty in locating or obtaining authorization from parents or guardians.
Training
As for health and public safety professionals involved in assisting victims of violence, the law stipulates that they receive specific and periodic training to ensure care based on non-revictimization.
Immediate attention
Still regarding Law 12.845/13, which determines immediate and mandatory care in all hospitals belonging to the Unified Health System (SUS), the new standard includes other services that must be performed in this care:
- collection of material for toxicological examination, if indicated; and
- mandatory reporting of cases with indications or confirmation of sexual violence to the police within 24 hours for appropriate measures and statistical purposes.
In the treatment of injuries, in addition to preserving materials, the doctor must collect them to form the crime scene (examination by the forensic laboratory).
To achieve this, official forensic agencies should train healthcare professionals to perform this type of evidence collection.
These bodies will also need to conduct DNA testing to identify the perpetrator and include them in the National Genetic Profile Database, even if the perpetrator is unidentified.