Brazilian Chamber approves bill that classifies sexual crimes against children and adolescents as heinous crimes.

Chamber Agency - The Chamber of Deputies approved this Wednesday (9) the bill that increases the penalties for several sexual crimes against children and adolescents, classifying them as heinous. The proposal will be sent to the Senate.

This refers to Bill 1776/15, authored by the deputies... Paulo Freire Costa (PL-SP) e Clarissa Garotinho (União-RJ)The project was approved in the form of a substitute bill from the rapporteur, Deputy [Name]. Charlles Evangelista (PP-MG).

According to the text, those convicted of more serious crimes of this nature, as defined in the Penal Code or the Statute of Children and Adolescents (ECA), will not be entitled to temporary release, which is granted to prisoners with good behavior.

In other situations, in crimes involving the production, possession, or distribution of sex scenes with children or adolescents, there will be a new condition for convicts to be able to benefit from this temporary release: a prohibition on approaching preschools, elementary schools, or high schools, and on frequenting parks and squares with playgrounds.

Those convicted of these latter types of crimes will also be required to wear electronic ankle monitors both during temporary release and under house arrest. This will also apply to those convicted of the crime of enticing or coercing a child or adolescent with the aim of committing a lewd act with them.

“I often say that pedophilia is the worst type of crime that can occur, because it is a crime committed against children. It is a crime that destroys the innocence of our children; that harms our families; that puts childhood at risk,” said Clarissa Garotinho.

“Every day, a child loses their innocence. Some even lose their lives, unfortunately. What we cannot do is miss the chance, here in Congress, to change this story, making pedophilia a heinous crime,” stated the author of the proposal.

According to the bill's rapporteur, Charlles Evangelista, "the Plenary showed today that it truly does not condone this type of crime and wants to protect children."

New list

Currently, among sexual crimes against children and adolescents, only the rape of a vulnerable person and the facilitation of prostitution or other forms of sexual exploitation of a child, adolescent, or vulnerable person are considered heinous.

Those convicted of heinous crimes are not eligible for amnesty, pardon, clemency, or bail; they begin serving their sentence in a closed regime; and they need to serve more time in prison to be eligible for a semi-open regime.

"This project has been dragging on since 2015 and is extremely important because it will be a watershed moment in the protection of children and adolescents in Brazil," argued the rapporteur.

According to the approved text, the following will now be considered heinous crimes:

• serious bodily injury or death resulting in death committed against a child or adolescent;
• corruption of minors;
• Satisfying lust in the presence of a child or adolescent;
• Dissemination of scenes that promote or encourage the practice of rape;
• Child abuse or mistreatment resulting in death;
• Abandonment of children or adolescents when death results from it;
• Human trafficking committed against children, adolescents, the elderly, or people with disabilities;
• To produce or record a scene of explicit sex or pornography involving a child or adolescent;
• to sell or offer for sale explicit or pornographic sex scenes involving children or adolescents;
• to possess or acquire any recording containing explicit or pornographic sex scenes involving children or adolescents;
• To simulate the participation of a child or adolescent in a scene of explicit sex or pornography through the alteration, montage, or modification of photographs, videos, or any other form of visual representation;
• To entice, harass, incite, or coerce a child or adolescent with the aim of engaging in a lewd act with them; and
• To subject a child or adolescent to prostitution or sexual exploitation.

Rape scenes

The bill amends the Penal Code to separate the crime of offering or publishing rape scenes from that related to the dissemination of scenes of sex, nudity, or adult pornography.

The latter crime will continue to carry a sentence of 1 to 5 years imprisonment, but the crime of disseminating rape information will increase to 3 to 6 years.

Aggravating factors

The text approved by the deputies also modifies the aggravating circumstance for some sexual crimes against children and adolescents. The penalty will be increased by 1/3 if the perpetrator commits the crime using content not indexed on the internet (deep web).

Regarding the same increase in penalty when the crime is committed by an agent due to their influence over the victim, the text extends this application to six other crimes. Currently, it only exists for the crime of producing or recording explicit or pornographic sex scenes involving this age group.

Thus, the penalties will be increased for those who commit the crimes while exercising a public office or function, or under the pretext of exercising it; if they take advantage of domestic, cohabitation, or hospitality relationships; or if they take advantage of blood or affinity kinship up to the third degree, or of the authority they have over the victim.

Regime progression

According to the text, those convicted of heinous crimes or crimes equivalent to those committed against children or adolescents and serving a prison sentence must serve at least 50% of their sentence to be eligible for progression to a semi-open prison regime.

In the case of recidivism in this type of crime, it will be necessary to serve at least 70% of the new sentence to be eligible for parole. This will also apply to repeat offenders of heinous crimes or crimes equivalent to those resulting in death, in which case parole will be prohibited.

Debate

The deputy Vivi Reis (Psol-PA) He supported the proposal, but considered it insufficient. "This project is very much in line with the Statute of Children and Adolescents, with the principles we defend, but public policies are also necessary."

Already the deputy Léo Moraes (Pode-RO) He emphasized the need to go beyond the educational aspect. "We must contain one of the most cruel and barbaric crimes that exist in our society and punish those who commit it very strongly and rigorously," he stated.

the deputy Hildo Rocha (MDB-MA) He exemplified the importance of harsher penalties with a real case. "In Maranhão, last week, a delinquent on one of these temporary releases raped his 11-year-old niece. Therefore, this bill aims to prevent such an event from happening again," he said.

Also in favor, the deputy Ricardo Silva (PSD-SP) He defended the proportionality of sentences for various crimes. "A criminal who has the courage to commit such a cruel act against children must be imprisoned; they cannot receive the same benefits as someone who went to the supermarket and grabbed a cookie to eat right away. They cannot receive the same treatment," he opined.

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