Provisional child support as a precautionary measure in criminal proceedings under the Comprehensive Violence Law:

an analysis from the principles of criminal law

Abstract

This article analyzes the legal admissibility of ordering provisional maintenance in criminal court, pursuant to Article 34 of Law No. 21.675 on comprehensive protection against gender-based violence. It examines its compatibility with the principle of presumption of innocence, concluding that such an order cannot be based on reparative purposes, as these require a prior conviction. However, its legitimacy is supported by the State’s duty to prevent gender-based violence, considering the risk arising from the victim’s economic dependence. It is argued that its application must comply with the principles of necessity and proportionality. Finally, it proposes inter-institutional coordination with family courts in order to ensure a comprensive response to the conflict.