On Tuesday (11/11), the Federal Senate approved a bill that increases the penalty for sexual crimes committed against vulnerable people. The text, which has already been approved by the Council, now goes to the President’s approval.
Check the changes to the penalties provided for in PL 2,810/2025:
- Rape of a weak person: From 8 to 15 years to 10 to 18 years;
- Rape of a vulnerable person with serious bodily harm: From 10 to 20 years to 12 to 24 years;
- Rape of the weak by death: From 12 to 30 years to 20 to 40 years;
- Corruption of minors: From 2 to 5 years to 6 to 14 years;
- Having sex in the presence of anyone under 14 years old: From 2 to 4 years to 5 to 12 years;
- Subjecting minors under the age of 18 to sexual exploitation: From 4 to 10 years to 7 to 16 years;
- Displaying, broadcasting or selling rape scenes: From 1 to 5 years to 4 to 10 years.
The Penal Code stipulates that crimes of rape of a vulnerable person include children and adolescents up to the age of 14 years; Persons who, due to illness or disability, do not have the discerning capacity to perform the act; People who, for some reason, are unable to resist the act, such as someone who is drunk, unconscious, or under the influence of drugs.
The project was authored by Margaret Buzzetti (PSD-MT) and reported by Senator Alessandro Vieira (MDB-SE).
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The text stipulates that all protective measures provided for in the María da Penha Law may be applied in cases of sexual crimes against vulnerable persons. Under the proposal, defendants in pretrial detention must undergo an examination to identify their genetic profile, through DNA extraction.
Furthermore, a person convicted of a sexual offense may only access a more lenient regime or criminal benefits if a criminal examination shows no signs of recidivism.
The proposal also stipulates that technology and communications companies – such as providers of services, applications, websites, video platforms and electronic games – should bear responsibility for broadcasting content that violates the rights of vulnerable people. Companies must immediately remove offensive posts once they have notified the police authority, public prosecutor’s office or the Guardianship Council, even without a court order.
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