Immediate Electronic Monitoring for Domestic Abusers Enforced; New Law in Effect

Perpetrators posing a threat to the lives of women and children in domestic violence cases are now required to immediately wear electronic ankle monitors. This is mandated by Law 15,383 of 2026, which was enacted without vetoes by President Luiz Inácio Lula da Silva and published in the Official Gazette on Friday (10th). The law stipulates the immediate implementation of this measure, allows police officers to enforce it in cities lacking a judge, and increases public funding for the urgent acquisition of monitoring equipment for offenders.

The law originates from Bill 2,942/2024, proposed by deputies Marcos Tavares (PDT-RJ) and Fernanda Melchionna (PSol-RS), and was approved by the Senate in March, with a report by Senator Leila Barros (PDT-DF). Prior to this law, which is now in effect, the Maria da Penha Law only permitted electronic monitoring as an option.

The regulation also increases penalties for violating protective measures, enhances campaigns against violence towards women, and makes the electronic monitoring and support program for women in violent situations permanent.

Aimed at combating femicide, the law allows for:

• increased capacity to enforce compliance with protective measures;
• reduced response time in high-risk situations;
• and the possibility of preventive action based on geolocation.

The requirement for offenders to wear ankle monitors becomes immediate whenever there is a risk to the life or physical or psychological integrity of women in domestic and family violence situations or their dependents.

Moreover, police officers can mandate the use of electronic ankle monitors for offenders in high-risk cases in areas without a judicial presence. Currently, immediate removal from the home is the only protective measure that officers can enforce in such locations to protect victims.

When monitoring is ordered by a police officer, it must be communicated to a judge within 24 hours, who will decide on its continuation and inform the Public Prosecutor’s Office.

According to Law 15,383 of 2026, in situations where ankle monitors are used, victims must be provided with a security device that alerts them of any potential approach by the offender. The imposition of the ankle monitor will also be prioritized in cases of non-compliance with previously imposed protective measures.

If a judge decides that the ankle monitor should no longer be used as a protective measure, the decision must be explicitly justified, outlining the reasons.

The new legislation also amends the Maria da Penha Law to increase the penalty by one-third to half — currently imprisonment of 2 to 5 years, plus a fine — for violations of protective measures, such as breaching electronically monitored exclusion zones (where the offender is prohibited from entering), or unauthorized removal, tampering, or alteration of the device.

Additionally, the text mandates that campaigns against violence towards women include information on police procedures and approaches, prevention of re-victimization, functioning of urgent protective measures, and electronic monitoring mechanisms.

To expand access to monitoring devices, the law increases from 5% to 6% the share of resources from the National Public Security Fund (FNSP) allocated to actions against violence towards women, explicitly including the funding for the purchase and maintenance of these devices.

The regulation prioritizes the purchase and maintenance of ankle monitors and alert devices for victims, allowing governments to allocate specific resources in the budget for women’s protection.

The text makes the electronic monitoring and support program for women in violent situations permanent. The program’s expansion should cover the provision of a portable tracking unit for the victim, with automatic and simultaneous alerts to her and the nearest police unit whenever the offender breaches the judicially established exclusion perimeter.

Source: Agência Senado.

Original published at O Cafezinho.