In SP, the 'Don't Shut Up' law was inspired by Spanish legislation

“Reserve to the people responsible and who work in leisure spaces the active role of identifying situations of risk to the integrity of users and guaranteeing due care to victims of sexual assault”. This is the main function of the law 'Do not be silent' sanctioned by the city of São Paulo.

The initiative could be the “little push” for other similar projects being processed in legislative houses across Brazil. In the Senate, there is another project (785 PL / 2023) which also creates a protocol similar to the one in São Paulo, currently in progress. The idea is to take it nationwide.

The text is inspired by the Spanish law 'No Callem', which was used in the case of player Daniel Alves, in Barcelona. The No Callem protocol was created by the government of Barcelona in 2018 to combat sexual assault and sexist violence in leisure spaces in the city, such as clubs and bars.

In São Paulo, the law was called “Não Se Cale”.

The Mayor of São Paulo, Ricardo Nunes, from MDB, sanctioned the "Don't Shut Up" bill, which aims to combat sexual violence in bars, restaurants and nightclubs. pic.twitter.com/gloCN5IqbJ

— Jornal da Gazeta (@JornalDaGazeta) May 23, 2023

What determines the “Don’t be silent” protocol?

Establishments are responsible for sexual assault from the moment violence occurs within the establishment. The location must offer assistance, make information and images available to the victim. Additionally, the establishment must call the police if requested by the victim.

Staff must be trained to identify violence, and an action plan must be followed every time a case occurs. The text provides for the distribution of a booklet on the phases of the protocol, the SP city hall website will make the content available.

In São Paulo, however, adherence to the “Don’t Shut Up” protocol not compulsory, but rather voluntary. The places that join will receive an identification stamp, which needs to be placed in a visible place for everyone. If the establishment fails to comply with the protocol, the seal is removed.

Establishments that are interested in adhering to the protocol must contact the city hall to access the action plan and guidelines in case of sexual violence, and also to access the seal.

The text also provides:

• the victim must not be left unattended at any time since the violence was identified;
• the victim must receive information and guidance on legal and health procedures carried out after violence;
• employees must guarantee the privacy of the person attacked and the presumption of innocence of those accused of aggression;
• Employees must avoid signs of complicity with the possible aggressor, even to reduce tension.

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