New proposal provides for imprisonment of up to 8 years for false reporting under the Maria da Penha Law
Women who do maliciously false reports to obtain protective measures from the Maria da Penha Law may be classified as the crime of slanderous reporting, whose penalty varies from two to eight years in prison. The possibility is provided for in Bill 5,128 of 2025, presented by deputy Júlia Zanatta (PL-SC), which changes the legislation by obliging the sending to the Public Prosecutor’s Office of cases in which there is a finding of falsehood in the accusation.
The text modifies article 18 of the Maria da Penha Law and creates new rules in the initial phase of emergency measures. According to the proposal, the accused person must be notified within 24 hours to present a written statement within seven days. After the end of this period, the judge must reevaluate the protective measures granted or maintain them, within a maximum of 48 hours. The justification states that the objective is to ensure “contradictory and broad defense” without compromising the speed of assistance to the victim.
Harvard: 8 hours of sleep is “Industrial Age nonsense”; see ideal
Research shows that the “ideal point” may be smaller and that overdoing it is also harmful
The project also establishes two new devices. The first determines that, when there is a final court decision or proof during the process that the accusation was presented intentionally, the case must be forwarded to the Public Prosecutor’s Office for possible investigation of the crimes provided for in articles 339 and 340 of the Penal Code. Article 339, mentioned in the text, provides for a sentence of two to eight years for anyone who provokes an investigation against someone by attributing a crime they know to be false.
The second provision allows civil liability when it is demonstrated that the complaint was “clearly unfounded”, with the intention of obtaining an advantage, harming the accused person or influencing family disputes, especially those involving property or children. In these situations, the reporting party may be liable for moral and material damages.
Johnny Depp case
In her justification, the deputy states that the Maria da Penha Law represented an advance in the fight against domestic violence, but maintains that the improper activation of protection mechanisms can generate irreversible damage. The text cites the case of great international repercussion involving actors Johnny Depp and Amber Heard and states that situations of false accusations of violence can cause “damage to reputation, moral damage, media repercussions and irreversible personal consequences” even after decisions favorable to the accused.
For Zanatta, the proposal strengthens institutional credibility by providing specific instruments for accountability in cases of bad faith. The justification argues that the legal system already has applicable criminal types, but that they would be generic given the complexity of situations related to protective measures and family dynamics. According to the parliamentarian, by providing for investigation and formal accountability, the project would protect both the system and the real victims of violence.
The project is still being processed in the Chamber of Deputies.
