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Every day, more and more women need to summon the courage to make a difficult decision: leave their homes seeking safety for themselves and their children. This journey, filled with anguish and fear, is gradually moving closer to a safe haven.
Last Wednesday (14), the Commission on Human Rights and Participatory Legislation (CDH) approved Bill (PL) 2,240/2022, which proposes occasional social assistance benefits for victims of domestic violence. The bill is now on its way to the Commission on Social Affairs (CAS).
Proposed by Senator Humberto Costa (PT-PE), the bill modifies the definition of “temporary vulnerability,” established in the Organic Law on Social Assistance (LOAS), to include situations of domestic, physical, sexual, and psychological violence and threats to life as criteria for granting the benefit.
According to data from Agência Senado, the bill was adjusted to prioritize women who had to leave their homes due to threats from spouses or partners.
Leaving the home in cases of domestic violence: clarifying the situation
Many men terrorize their partners with a threat that is as cruel as it is false. “If you leave, it will be considered abandonment of the home, and you will lose everything!” – abusers claim.
Therefore, many women tolerate violence for fear of becoming homeless and losing custody of their children. Is this true?
The answer is no! Attorney Edson Calixto, through the firm’s social media page, explains that this myth arose from the old debate about fault in divorce, something that is no longer relevant.
“This is a major misconception in family law. Therefore, whoever leaves the home does not lose any rights, either property rights or those relating to the couple’s children,” the specialist states.
However, it is important to note that, if some time passes after one of the spouses leaves without claiming their rights, among other specific requirements, the person who remained on the property may claim the other party’s share.
“The Civil Code, in Article 1,240-A, allows the person who remains on the property to acquire the share of the person who left, that is, to become the sole owner of the property. This will occur through family adverse possession after 2 years of abandonment. It is important to emphasize that this will not happen automatically, as it requires compliance with a series of requirements. But note that this exception occurs not because of leaving the home, but because of the long period of time combined with abandonment, for this type of adverse possession,” Edson explains on his Instagram profile.
Bolsa Família: support for mothers who are victims of domestic violence
According to a Datafolha survey conducted this year, 7 out of 10
Brazilian women are mothers. And 55% of them are single, divorced, or widowed. Among single mothers, 18% are unemployed and 44% survive on up to R$ 1,212 per month, the former minimum wage.
With them in mind, the Federal Government implemented measures to ensure that Bolsa Família primarily reaches women raising their children alone.
However, Bolsa Família is an income transfer program that has health and education conditions. Therefore, mothers who are heads of household have not only rights but also responsibilities.
Conditionalities are seen as essential tools for promoting the basic social rights of beneficiary families. To be included on the payroll, families must fulfill their commitments in the areas of health and education, which include:
Attend prenatal care appointments for pregnant women;
Follow the national vaccination schedule;
Monitor the nutritional status of children under seven years old;
For children aged four to five, maintain a minimum school attendance rate of 60%;
For children and adolescents aged six to 18 who have not completed basic education, maintain a minimum school attendance rate of 75%.
Minha Casa Minha Vida for single mothers
The Minha Casa, Minha Vida housing program, improved by the Federal Government, offers subsidies and financing at rates lower than market rates to low-income families. Applications are already being accepted, and many families are benefiting, with preference given to mothers who are heads of household.
This is determined by the Provisional Measure (MP) regulating the program. The text states:
The following groups will have priority in the program:
those with a woman as the head of the household;
those with people with disabilities in the family;
families with elderly people;
families with children or adolescents;
families in situations of risk and vulnerability;
families in situations of emergency or disaster;
families involuntarily displaced due to federal public works; and
families experiencing homelessness.
The program contracts will preferably be signed in women's names. They may be entered into without the husband's authorization.
Reaffirming this, the rapporteur of the final version of Minha Casa Minha Vida, Congressman Marangoni (União-SP), established financing priority for single mothers, women who are victims of violence, women with autistic children, and domestic workers.
Who can participate in Minha Casa, Minha Vida?
Minha Casa Minha Vida is intended for families with a gross monthly household income of up to R$ 8 thousand in urban areas or an annual gross household income of up to R$ 96 thousand in rural areas. See the income brackets below:
Families are class
ified into the following income brackets:
Urban Bracket 1: gross monthly household income of up to R$ 2,640;
Urban Bracket 2: gross monthly household income from R$ 2,640.01 to R$ 4.4 thousand;
Urban Bracket 3: gross monthly household income from R$ 4,400.01 to R$ 8 thousand.
For families living in rural areas, the brackets are as follows:
Rural Bracket 1: annual gross family income up to R$ 31,680;
Rural Bracket 2: annual gross household income from R$ 31,680.01 to R$ 52.8 thousand;
Rural Bracket 3: annual gross household income from R$ 52,800.01 to R$ 96 thousand.
At least 50% of the program's units will be reserved and allocated to families in Bracket 1, as reported by the federal government.
