On February 11, 2023, the Court of Justice of Minas Gerais, Brazil, made a controversial ruling to acquit a man previously convicted of sexual relations with a minor. Although the Brazilian Penal Code categorically considers sexual acts with individuals under 14 years as a crime, the court justified its decision by asserting that a 'family formation' existed between the defendant and the victim. The court's judgment hinged on the argument that imposing legal penalties in this case would be disproportionate to the circumstances surrounding their relationship.

The case arose from the man's earlier conviction in a lower court, which found him guilty of maintaining a sexual relationship with his stepdaughter, with whom he reportedly lived in a marital manner and had a child. The defense claimed that despite the legal classification of the actions as unlawful, the relationship was consensual and thus did not fit the materiality defined in the law. This defense strategy played a significant role in the court's decision, which highlighted the need to consider contextual factors before arriving at a legal conclusion.

This ruling has ignited significant public outrage and debate regarding the interpretation of laws protecting minors in Brazil. Critics argue that such judgments undermine efforts to safeguard vulnerable individuals and could set a dangerous precedent for similar future cases. As discussions on child protection laws intensify, this decision raises critical questions about the legal system's responsibility to balance between adhering to established laws while considering the nuances of individual circumstances.