MINDD - DEFENDA SEUS DIREITOS: STF : JUSTICE LUIZ FUX'S VOTE : VIOLENCE AGAINST WOMEN VICTIMS OF VIOLENCE INSIDE THE COURTS Brazilian Supreme Federal Court, Extraordinary Appeal with Interlocutory Appeal No. 1,541,125, General Repercussion Theme No. 1,451.
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STF : JUSTICE LUIZ FUX'S VOTE : VIOLENCE AGAINST WOMEN VICTIMS OF VIOLENCE INSIDE THE COURTS Brazilian Supreme Federal Court, Extraordinary Appeal with Interlocutory Appeal No. 1,541,125, General Repercussion Theme No. 1,451.
Brazilian Supreme Federal Court, Extraordinary Appeal with Interlocutory Appeal No. 1,541,125, General Repercussion Theme No. 1,451.
The judgment of the Mariana Ferrer case by the Federal Supreme Court cannot be reduced to the word “revictimization.”
The constitutional core is much more serious:
it is about the violation of the fundamental and human rights of women victims of violence inside the Justice system itself.
In Theme 1,451 of general repercussion, the STF decided that evidence obtained in proceedings for sexual crimes is null when there is disrespect for the victim’s dignity, honor, intimacy, and psychological integrity, by action or omission of the magistrate and of the other procedural actors.
The decision also determined the mandatory investigation of the disciplinary, civil, and criminal responsibilities of those who disrespect Article 400-A of the Code of Criminal Procedure.
"It must be said that, unfortunately, this magistrate was not born with a vocation for the magistracy. Because the magistrate must have some attributes inherent to his own person. That is why it was said in the Seven-Part Code: 'Judges must be sensitive men. Knowing law, if possible'." Justice Luiz Fux , STF
Justice Luiz Fux’s vote is vital: he highlighted that the problem was not only in the evidence produced, but in the way the hearing was conducted. The hearing violated constitutional principles and rules that guarantee the dignity of the human person. It was up to the judge to intervene when the limits of the dignified and urban treatment owed to the victim were exceeded.
This precedent does not speak only about Mariana Ferrer.
It speaks about all women victims of violence who enter the courts expecting Justice — and not a new violation of their human rights.
Justice cannot be administered by shadows.
Justice requires Constitution, dignity, reasoning, signature, responsibility, and control.
#MarianaFerrer
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#HumanDignity
#InstitutionalViolence
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The Seven-Part Code (or Las Siete Partidas), mentioned by Minister Luiz Fux in the video "Ao acompanhar a anulação da audiência do caso Mariana Ferrer, Luiz Fux ", is one of the most important legal bodies in the history of Western Law.
It is not a "letter" in the sense of a correspondence or a short document, but rather a monumental code of laws from the 13th century (more precisely from 1256 to 1265), drafted in the Iberian Peninsula during the reign of Alfonso X, the Wise, of Castile and León.
Here are the main points to understand what this document is and the context of the minister's speech:
What is the Seven-Part Code?
The Name: It is called "Seven Partidas" because the work is strictly divided into seven parts (books), covering everything from natural and religious law to civil, commercial, criminal, and procedural law.
The Influence: It is considered the most relevant legal work of the Middle Ages.
It unified the rules of the Kingdom of Castile by mixing ancient Roman Law, Canon Law (of the Church), and local customs. Its influence was so vast that it remained in force in the Spanish Empire (and in parts of the Americas) until the 19th century.
The Context of Luiz Fux's Citation
The phrase the minister quotes — "Judges must be sensitive men. Knowing law, if possible" — reflects the medieval (and humanist) view expressed in the Third Partida, which deals specifically with Justice, judges, and lawsuits.
The ironic provocation of the code's original phrase emphasizes that:
Sensitivity, common sense, morality, and empathy are indispensable, organic, and prior character traits for anyone judging the fate of others.
Technical knowledge of the laws
("knowing law") is very important, but it is of no use if the magistrate is devoid of basic humanity and discernment when dealing with people in court.
Fux used this historical maxim to criticize the posture of the judge who conducted the hearing in the Mariana Ferrer case, arguing that the magistrate lacked the elementary human sensitivity to protect the victim's dignity during the procedural act.
The Seven Partidas / Las Siete Partidas, by Alfonso X of Castile.
Useful links:
Biblioteca Virtual Miguel de Cervantes — PDF edition of Las Siete Partidas:
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