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Project Approved by the Women’s Rights Defense Committee Prevents Removal from Home Due to Domestic Violence from Being Used as Abandonment of Possession, Preserves Ownership of the Property, and Includes Ongoing Adverse Possession Actions
The Women’s Rights Defense Committee of the Chamber of Deputies approved the Bill 1504/25, which prevents the aggressor from requesting adverse possession of shared property when the woman leaves the residence to escape domestic violence, altering the effects of the current Civil Code rule.
The approved text redefines the application of so-called family adverse possession, provided for in the Civil Code, a mechanism that allows for the complete acquisition of property through continuous and uncontested use after two years of abandonment of the home by one spouse.
The proposal establishes that leaving the property motivated by the need to protect the physical or psychological integrity of the woman and her family members cannot be considered abandonment of possession for adverse possession purposes.
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The project is authored by Deputy Marcos Tavares of the PDT from Rio de Janeiro and was analyzed in conclusive character by the Women’s Rights Defense Committee of the Chamber.
The report was the responsibility of Deputy Gisela Simona from União de Mato Grosso, who advocated for the approval of the matter as a means to prevent the use of civil legislation against victims of domestic violence.
According to the approved text, the measure guarantees the woman the right to return to the marital property when the conditions of threat cease, without prejudice to her ownership or possession of the property.
The proposed rule covers situations of physical, psychological, moral, patrimonial, or sexual violence, as defined by the Maria da Penha Law, in force since 2006.
If the project is converted into law, its provisions will apply even to adverse possession processes that are already underway in the Judiciary.
Change in the Application of Family Adverse Possession
The Civil Code currently provides for the figure of family adverse possession, which allows one of the spouses to fully acquire the property when the other leaves the home for a minimum period of two years.
In practice, this rule has been used in property disputes involving couples, including in contexts where the woman left the property to preserve her personal safety.
The approved project prevents this removal, motivated by domestic violence, from being interpreted as voluntary abandonment of the shared property’s possession.
The legal text makes it clear that forced removal due to risks to physical or psychological integrity does not constitute a waiver of the woman’s property rights over the property.
Thus, the aggressor is legally prevented from claiming exclusive, continuous, and uncontested possession to request ownership by adverse possession.
Guarantee of Return to Marital Property
The proposal explicitly ensures the woman’s right to return to the marital property, provided that the conditions of threat or violence that motivated her departure have ceased.
This return can occur without any prejudice to the ownership, possession, or existing property rights over the property shared by the couple.
The text determines that the Justice must recognize the woman’s removal as necessary and legitimate to ensure her safety and well-being.
Thus, the mere fact that the victim left the residence cannot be used as a legal argument against her in property disputes.
The rapporteur Gisela Simona stated that the measure corrects distortions and prevents civil legislation from being applied contrary to the protection of victims.
Scope of Cases of Violence
The project defines as a woman victim of domestic violence anyone who has suffered physical, psychological, moral, patrimonial, or sexual aggression within the family or domestic sphere.
This definition fully follows the parameters established by the Maria da Penha Law, without broadening or restricting the conceptual understanding in relation to current legislation.
Thus, the proposed property protection addresses different forms of violence recognized by law, not limited to physical aggression.
The measure also encompasses situations where violence affects other family members, provided that the woman’s departure from the property is linked to ensuring safety.
Application to Ongoing Processes
One of the central points of the approved text is the provision for the future law to apply to adverse possession processes already in progress in court.
The corresponding article establishes that the rule applies regardless of the date of the incident or the filing of the lawsuit.
This means that cases not yet finalized may have their analysis reoriented in light of the new rule, should it be approved by the National Congress.
The provision seeks to avoid unequal treatment between similar situations solely based on the timing of when the action was proposed.
Constitutional and Legal Foundations
The bill is based on Article 226, paragraph 8, of the Federal Constitution, which imposes on the State the duty to ensure assistance and protection to families.
The text also relies on the principles of human dignity, provided for in Article 1, clause III, of the Constitution, and the integral protection of women.
The Maria da Penha Law is cited as a normative basis for recognizing domestic violence as a violation of human rights.
According to the project, property protection integrates this set of guarantees, especially when the loss of property results from a situation of violence.
Priority to Victim Protection in Property Disputes
The text determines that, in judicial disputes involving shared properties, the Justice must prioritize the protection of the rights of women victims of domestic violence.
This guidance includes recognizing that the removal from the home was necessary and legitimate, not characterizing abandonment of possession.
The proposal removes interpretations that may benefit the perpetrator of violence to the detriment of the victim, especially in adverse possession actions.
Thus, it seeks to standardize judicial understanding and reduce contradictory decisions across different courts.
Processing and Next Steps
The proposal is currently being processed in conclusive character in the Chamber of Deputies, which allows for its approval without needing a vote in plenary, except for recourse.
The next step is for the text to be analyzed by the Committee on Constitution and Justice and Citizenship, responsible for evaluating the constitutionality and legislative technique.
After this stage, the project will proceed to the consideration of the Federal Senate, where it will also need to be approved to become law.
Only after approval in both Houses and presidential sanction will the text start to produce legal effects.
Context and Objective of the Measure
The initiative seeks to prevent women victims of domestic violence from suffering additional property losses after being forced to leave the marital property.
According to the justification presented, forced removal cannot be equated with voluntary abandonment of possession, under penalty of distorting the institution of adverse possession.
The proposal reinforces the idea that the protection of physical and psychological integrity must prevail over restrictive property interpretations.
By consolidating this understanding into law, the text aims to offer greater legal security to victims and predictability to judicial decisions.
Legal Text and Enforcement
The project establishes that the law comes into effect on the date of its publication, without a transition period.
The provisions directly address the prohibition of requests for adverse possession by the aggressor in cases of recognized domestic violence.
They also define essential concepts, such as a woman victim of domestic violence and adverse possession, for the purpose of applying the norm.
In this way, the text seeks to reduce ambiguities and ensure uniform application throughout the national territory.
Só Mulheres sofrem?! Em que mundo vive esses políticos? Depois reclamam da queda de natalidade e de homens que não querem mais casar!