Highlights

Liminar suspends requirement for female coroner participation in expert evidence in cases of underage rape victims in Rio de Janeiro

The Plenary of the Brazilian Federal Supreme Court (STF) has granted a preliminary injunction to suspend a state law in Rio de Janeiro that requires that the expert evidence in cases of underage rape victims be made by a female coroner. The decision, made at the extraordinary session of  Wednesday morning (13) in the trial of the injunction in the Action for the Declaration of Unconstitutionality (ADI) 6039, however, determines that, whenever possible, in those circumstances, the examination of the victim should be made by coroner woman.

The lawsuit was filed by the Attorney General of the Republic, Raquel Dodge, against the final part of paragraph 3 of Article 1 of Law 8.008 / 2018, which states that "whenever possible, the female victim will be examined by woman coroner, except in cases of minor females, which must be obligatorily examined by a female coroner. "

The rapporteur, Justice Edson Fachin, voted to approve the injunction to give interpretation according to the Constitution to the final part of the mentioned article, in order to recognize that female children and teenagers victims of sexual violence should be examined by a female coroner since the action does not entail delay or prejudice to the investigation.

Press STF - AV/MA/FB

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