LIABILITY AND WOMEN
Alice De Poli (1)
Recently in Brazil, a new civilian wave has been taking place, and branches of Civil law have assumed greater relevance: Property Rights, Family Law and General Liability. Hence the relevance of the topic to be addressed, which inserts the damages caused in relations with women in the field of responsibility.
Looking at the history of mankind, we realize that man, in most societies, has always had the status of father of their family, head or head of family organization. This was because he was physically stronger and had superiority by hunting, chasing and killing prey. We have seen drawings in caves that show the man pulling women through his hair, a fact that shows the use of physical force by the strongest and most powerful.
Although we are in the 21st century, women have been conquering their space at great cost, given the social, political, economic and scientific evolution of the countries in the world. She left home and went to school so that the sexist assaults, threats, and even reprimands in the home have been diminishing. There are still abuses and mistreatment, and many of the victims, for believing that the husband improves behavior, and that he needs help, or for trying to keep up appearances, because of concern about the repercussion of his history in the professional circle, or of friendships, do not denounce the assault to the authorities, because they are dominated by the shame and fear of exposing themselves to the social environment in which they live.
As the centuries went by, the woman had been suffering a process of “thingification”, as she had been seen in many places as the property of her master, as if she were a belonging of the house. There were those who sold them, there was in the middle ages the collection of the first night by the feudal lord in exchange for a piece of land, and protection to the vassal.
Even the concept of marital quarrels has been trivialized through concepts that we can explain as patriarchal, macho that has dominated society over the years. It is the classic saying "Nobody can do any good between a man and his wife." It is a serious problem of social roots and many men have taken the example in the house or even suffered abuses in violent environments and have learned that this is the way to solve problems.
The woman, when attacked, seeks authority only to frighten her aggressor. His intention is not to see his companion imprisoned or punished, but to carry out a more forceful and radical attack, aiming at a renegotiation of the domestic pact that, at that time, has already been exhaustively tried by other means, always without success.
The Brazilian System still presents a mindset that put the woman vulnerable, in a situation of guilt, either by the clothes she was wearing or by looking at other men. It is a serious situation and in many cases the woman needs psychological and legal support, or support her professionally for qualification in the market, and have financial conditions to separate from her husband. In other cases, women need effective protection. There are already, although still in a clearly insufficient number, centers of reference and shelters to attend to this type of situation.
Passionate crimes are still seen in society, and domestic aggression becomes homicide. The society has laws punishing the aggressor, both civilly and criminally, but they forget to protect the vulnerable who ends up suffering the aggression. What was once normal, such as racism, sexism, should be eradicated and women should be protected by laws and programs that modify the way a man sees a woman.
It turns out that the problem is not just to say that the law is flawed, but rather that the victim ends up out of fear, shame, or financial dependency, accepting the violence practiced by the husband and / or partner. She must free herself from submission, and have the courage to denounce him. That's the way to fix this system failure. In addition, we live in an extremely prejudiced society. If someone cries is considered gay, if he is thin he is considered vain, if he possesses material goods it is because someone gave them, they gained them of inheritance or simply ... they stole them. If it is poor it is because it was incompetent, if it is ugly it is ragged ... labels and more labels. To fight against all this is certainly a standard of criticism, and the cultural heritage carried for centuries facilitates the occurrence of damage to the most vulnerable one, particularly the woman.
COMPARATIVE LAW
The treatment given to women is particular in every country of the World. Although in most of them women still have not achieved gender equality, we can observe that there is a differential treatment between the West and the East. In Brazil, women have gained positions and recognition under civil law, so abuse, mistreatment and marital rape are not tolerated. In addition, due to abuses, a particular law was issued guaranteeing the protection of women against any type of domestic violence, whether physical, psychological, patrimonial or moral. This law was due to abuses suffered by Maria da Penha Maia Fernandes, a Brazilian pharmacist who, in 1983, suffered serious assaults from her husband, university professor Marco Antonio Viveros. On two occasions he tried to kill Maria da Penha. In the first, with a shotgun shot, that left her paraplegic. After spending four months in hospital and doing several surgeries, Maria returned home and her husband tried to kill her by electrocuting her during the shower.
According to research by the Thomson Reuters Foundation, women in India are discriminated, mistreated and even killed on an unprecedented scale among the world's major economies.
The survey, which surveyed 370 gender experts, found that Canada is the best place for women within the G20, excluding the European Union. Saudi Arabia was the second worst after India.
"It is a miracle that a woman can survive in India. Even before she is born, she face risks of being aborted because of our obsession with male children," said Shemeer Padinzjharedil, who runs Maps4aid.com, a website that maps and documents crimes against the woman.
In India, the rape of a wife by her husband is not a crime. And many believe that marriage is a source of sexual pleasure for man, so women have to submit. "Girls face rape, abuses of all kinds and early marriage and even when they marry, they are dead by a wedding dowry. It is the reality of those who survive everything because, as a widow, they are discriminated against and have no rights over inheritance or property.
There are many crimes committed by abuse of authority, abuse of marital power, especially in the densely populated plains of the north, where, in parts, there is a consolidated mentality that women are inferior and should be restricted to housewives and mothers.
And if that were not enough, deep-rooted behaviors such as payment of wedding dowries in marriage, as if the woman were very material or guaranteed access to marriage, beliefs linking female sexual behavior to the family's honor made girls look like a burden.
Studies conducted over the years indicate that sexual violence in marriage is common in India. Ten percent of women interviewed in the National Family Health Survey said they had been forced by their husband to have sex. The survey, conducted between 2005 and 2006, involved 124,385 women from 25 Indian states. A third of the men interviewed in another study, made last year by the International Center for Women (ICRW) and the United Nations Population Fund (UNPFA), admitted having forced their wives to have sex. The study involved seven states in the country. In each state, 9,205 men and 3158 women aged 18-49 were interviewed. (source: http://www.bbc.com/portuguese/noticias).
(1) Alice Elisa De Poli – Senior Consultant, Aon Global Risk Consulting
Alice holds a bachelor's degree in law from the Federal University of Paraná (UFPR), a master's degree in Political Sociology from UFPR, a post-graduate degree in Political Science from the IBPEX (master's degree), specialization and updating in Lato Sensu by the Brazilian Institute of Legal Studies (IBEJ), and specialization in Real Estate Law by FMU - São Paulo / SP; She is a lawyer in the Civil and Public Law areas. Alice is a post-graduate professor in Logistics at the Centro Universitário de Maringá (Consumer Law), a postgraduate professor at the ICPG in Santa Catarina (Corporate Tax Law), an IBPEX MBA professor in Curitiba (Company Law), a professor of the MBA at UNIUV (Tax Law, Social Security and Business Law), UNINTER Graduate Professor (Corporate Tax Law). Alice carries out technical-legal consultancy in Civil Responsibility and Environmental Responsibility for application in Risk Management of Projects, Processes, Business, and Insurance. It conducts research and analysis of indemnity amounts to estimate losses for modeling of loss estimate and insurance coverage limits. Alice performs contract analysis and legal solutions (Action Plan), with emphasis on General Liability and Environmental Liability, for application in Capital and Business Project Management. Alice teaches a portfolio of dozens of courses in Law.
Alice De Poli (1)
Recently in Brazil, a new civilian wave has been taking place, and branches of Civil law have assumed greater relevance: Property Rights, Family Law and General Liability. Hence the relevance of the topic to be addressed, which inserts the damages caused in relations with women in the field of responsibility.
Looking at the history of mankind, we realize that man, in most societies, has always had the status of father of their family, head or head of family organization. This was because he was physically stronger and had superiority by hunting, chasing and killing prey. We have seen drawings in caves that show the man pulling women through his hair, a fact that shows the use of physical force by the strongest and most powerful.
Although we are in the 21st century, women have been conquering their space at great cost, given the social, political, economic and scientific evolution of the countries in the world. She left home and went to school so that the sexist assaults, threats, and even reprimands in the home have been diminishing. There are still abuses and mistreatment, and many of the victims, for believing that the husband improves behavior, and that he needs help, or for trying to keep up appearances, because of concern about the repercussion of his history in the professional circle, or of friendships, do not denounce the assault to the authorities, because they are dominated by the shame and fear of exposing themselves to the social environment in which they live.
As the centuries went by, the woman had been suffering a process of “thingification”, as she had been seen in many places as the property of her master, as if she were a belonging of the house. There were those who sold them, there was in the middle ages the collection of the first night by the feudal lord in exchange for a piece of land, and protection to the vassal.
Even the concept of marital quarrels has been trivialized through concepts that we can explain as patriarchal, macho that has dominated society over the years. It is the classic saying "Nobody can do any good between a man and his wife." It is a serious problem of social roots and many men have taken the example in the house or even suffered abuses in violent environments and have learned that this is the way to solve problems.
The woman, when attacked, seeks authority only to frighten her aggressor. His intention is not to see his companion imprisoned or punished, but to carry out a more forceful and radical attack, aiming at a renegotiation of the domestic pact that, at that time, has already been exhaustively tried by other means, always without success.
The Brazilian System still presents a mindset that put the woman vulnerable, in a situation of guilt, either by the clothes she was wearing or by looking at other men. It is a serious situation and in many cases the woman needs psychological and legal support, or support her professionally for qualification in the market, and have financial conditions to separate from her husband. In other cases, women need effective protection. There are already, although still in a clearly insufficient number, centers of reference and shelters to attend to this type of situation.
Passionate crimes are still seen in society, and domestic aggression becomes homicide. The society has laws punishing the aggressor, both civilly and criminally, but they forget to protect the vulnerable who ends up suffering the aggression. What was once normal, such as racism, sexism, should be eradicated and women should be protected by laws and programs that modify the way a man sees a woman.
It turns out that the problem is not just to say that the law is flawed, but rather that the victim ends up out of fear, shame, or financial dependency, accepting the violence practiced by the husband and / or partner. She must free herself from submission, and have the courage to denounce him. That's the way to fix this system failure. In addition, we live in an extremely prejudiced society. If someone cries is considered gay, if he is thin he is considered vain, if he possesses material goods it is because someone gave them, they gained them of inheritance or simply ... they stole them. If it is poor it is because it was incompetent, if it is ugly it is ragged ... labels and more labels. To fight against all this is certainly a standard of criticism, and the cultural heritage carried for centuries facilitates the occurrence of damage to the most vulnerable one, particularly the woman.
COMPARATIVE LAW
The treatment given to women is particular in every country of the World. Although in most of them women still have not achieved gender equality, we can observe that there is a differential treatment between the West and the East. In Brazil, women have gained positions and recognition under civil law, so abuse, mistreatment and marital rape are not tolerated. In addition, due to abuses, a particular law was issued guaranteeing the protection of women against any type of domestic violence, whether physical, psychological, patrimonial or moral. This law was due to abuses suffered by Maria da Penha Maia Fernandes, a Brazilian pharmacist who, in 1983, suffered serious assaults from her husband, university professor Marco Antonio Viveros. On two occasions he tried to kill Maria da Penha. In the first, with a shotgun shot, that left her paraplegic. After spending four months in hospital and doing several surgeries, Maria returned home and her husband tried to kill her by electrocuting her during the shower.
According to research by the Thomson Reuters Foundation, women in India are discriminated, mistreated and even killed on an unprecedented scale among the world's major economies.
The survey, which surveyed 370 gender experts, found that Canada is the best place for women within the G20, excluding the European Union. Saudi Arabia was the second worst after India.
"It is a miracle that a woman can survive in India. Even before she is born, she face risks of being aborted because of our obsession with male children," said Shemeer Padinzjharedil, who runs Maps4aid.com, a website that maps and documents crimes against the woman.
In India, the rape of a wife by her husband is not a crime. And many believe that marriage is a source of sexual pleasure for man, so women have to submit. "Girls face rape, abuses of all kinds and early marriage and even when they marry, they are dead by a wedding dowry. It is the reality of those who survive everything because, as a widow, they are discriminated against and have no rights over inheritance or property.
There are many crimes committed by abuse of authority, abuse of marital power, especially in the densely populated plains of the north, where, in parts, there is a consolidated mentality that women are inferior and should be restricted to housewives and mothers.
And if that were not enough, deep-rooted behaviors such as payment of wedding dowries in marriage, as if the woman were very material or guaranteed access to marriage, beliefs linking female sexual behavior to the family's honor made girls look like a burden.
Studies conducted over the years indicate that sexual violence in marriage is common in India. Ten percent of women interviewed in the National Family Health Survey said they had been forced by their husband to have sex. The survey, conducted between 2005 and 2006, involved 124,385 women from 25 Indian states. A third of the men interviewed in another study, made last year by the International Center for Women (ICRW) and the United Nations Population Fund (UNPFA), admitted having forced their wives to have sex. The study involved seven states in the country. In each state, 9,205 men and 3158 women aged 18-49 were interviewed. (source: http://www.bbc.com/portuguese/noticias).
(1) Alice Elisa De Poli – Senior Consultant, Aon Global Risk Consulting
Alice holds a bachelor's degree in law from the Federal University of Paraná (UFPR), a master's degree in Political Sociology from UFPR, a post-graduate degree in Political Science from the IBPEX (master's degree), specialization and updating in Lato Sensu by the Brazilian Institute of Legal Studies (IBEJ), and specialization in Real Estate Law by FMU - São Paulo / SP; She is a lawyer in the Civil and Public Law areas. Alice is a post-graduate professor in Logistics at the Centro Universitário de Maringá (Consumer Law), a postgraduate professor at the ICPG in Santa Catarina (Corporate Tax Law), an IBPEX MBA professor in Curitiba (Company Law), a professor of the MBA at UNIUV (Tax Law, Social Security and Business Law), UNINTER Graduate Professor (Corporate Tax Law). Alice carries out technical-legal consultancy in Civil Responsibility and Environmental Responsibility for application in Risk Management of Projects, Processes, Business, and Insurance. It conducts research and analysis of indemnity amounts to estimate losses for modeling of loss estimate and insurance coverage limits. Alice performs contract analysis and legal solutions (Action Plan), with emphasis on General Liability and Environmental Liability, for application in Capital and Business Project Management. Alice teaches a portfolio of dozens of courses in Law.