President Luiz Inácio Lula da Silva (PT) sanctioned this Monday (8) a law that increases penalties for sexual offenses against children and adolescents.
The offense of rape of a minor under 14, for example, is now punishable by a sentence of 10 to 18 years, in addition to a fine. Previously, it was in force with a sentence of 8 to 15 years.
For crimes involving serious injury resulting in death, the sentence can be up to 40 years. According to the previous text, the penalty for this type of crime was 12 to 30 years.
With the new law, articles of the Penal Code and the ECA (Status of the Child and Adolescent) have been modified. The Code of Criminal Procedure, the law on the execution of sentences and the status of persons with disabilities have also been amended.
The law also adds to the Penal Code the offense of non-compliance with urgent protection measures, punishable by a prison sentence of two to five years, thus expanding this protection which was previously only available in the Maria da Penha law.
According to the government, the objective is to fill the gaps in previous legislation and ensure greater severity in the treatment of these crimes, which mainly affect people in vulnerable situations, such as children, adolescents and people with disabilities.
These measures may be accompanied by the use of an electronic ankle bracelet and a security device that warns the victim of the approach of the attacker.
During a public event this Monday, President Lula spoke of the fear felt by women victims of assault which prevents them from reporting it. In his speech, he even called for a strengthening of these sanction and surveillance systems, notably mentioning the electronic ankle bracelet.
Other changes to the legislation include expanding the support offered to victims after the crime, extending the possibility of medical, psychological and psychiatric support to families of victims of sexual crimes, with a focus on children and people with disabilities.
Also among the changes are the mandatory collection of genetic material (DNA) from convicts to identify their profile, the possibility of immediately imposing harsher sentences and restricting the right of exit for those who commit crimes of this type.
This sanction was taken after weeks of a series of high-profile cases of femicide and violence against women, which mobilized protests. These episodes were also mentioned by the president in his statements on Monday.
See the main changes
- Now requires the collection of DNA from people convicted and under investigation for crimes against sexual dignity, to identify their genetic profile
- Judges can immediately impose sanctions of suspension or restriction of the carrying of weapons, removal from the home or place where the victim resides, prohibition of approaching or contacting the victim, members of his family and witnesses, in addition to restricting or suspending visits to minor dependents.
- To be eligible for sentence progression and “release”, those convicted of sex crimes must undergo a criminological examination proving that there is no evidence of repeat offenses of the same type of crime.
- Electronic monitoring of those convicted of sex crimes and crimes against women becomes mandatory upon release from prison
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