Mother Testifies, Denies Abuse Allegations from Daughter Seeking Name Removal from Birth Certificate
Patrícia Alves Duque, the mother of Heloísa Rodrigues, testified at the 46th Police District in São Paulo on Thursday, May 30th. Heloísa, 28, is seeking to have her mother's name removed from her birth certificate, citing years of alleged abuse. Patrícia Duque has denied all accusations, calling them lies and suggesting her daughter fabricated the stories to live with her father. Heloísa reported her mother for domestic violence, sexual abuse of a vulnerable person, and stalking in March 2025. She claims her mother physically assaulted her with household items and forced her into sexual acts with multiple men for money, including her mother's employer, starting from a young age and continuing for years. Following Heloísa's report, a protective order was issued, mandating Patrícia maintain a 200-meter distance and prohibiting contact with Heloísa's workplace, study, or church. The police investigation faced delays in locating and serving Patrícia with legal notices, requiring judicial intervention to utilize intelligence systems for address searches. A first-instance court authorized the removal of the maternal surnames but denied the request to erase the maternal filiation entirely, citing Brazilian law that registration should reflect biological origin. The court suggested psychological treatment for trauma rather than civil disassociation. Heloísa's legal team has appealed this decision to the São Paulo Court of Justice.
This case highlights a profound conflict between legal frameworks and individual claims of severe trauma. While Brazilian law, influenced by Roman legal principles, prioritizes the reflection of biological origin in civil registries, Heloísa's situation points to the potential inadequacy of current legislation to address profound psychological harm stemming from familial abuse. The legal system's emphasis on biological certainty and the court's suggestion of psychotherapy over civil disassociation raise questions about how to balance established legal doctrines with the imperative to provide redress for victims of extreme abuse. Future legal considerations might explore mechanisms for civil disassociation in cases of documented severe abuse, acknowledging that legal identity can be a source of ongoing harm. This situation also underscores the challenges in enforcing legal processes when individuals evade service, potentially delaying justice and prolonging the victim's distress.
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