Feb 22 • 18:00 UTC 🇧🇷 Brazil Folha (PT)

Deputies take action with the Attorney General after decision acquitting a man accused of raping a 12-year-old girl

Brazilian lawmakers are asking the Attorney General to appeal a court decision that ruled a consensual relationship between an adult and a 12-year-old girl as not constituting rape.

Parliamentarians from the PSOL and Rede parties in Brazil have called on the Attorney General's Office to urge the Supreme Federal Court to annul recent judicial decisions made by lower courts that failed to recognize the crime of rape against minors under 14 years of age. This motion comes in light of a notably controversial ruling from February 11, 2023, when the Minas Gerais Court of Justice acquitted a man accused of having sexual relations with a 12-year-old girl, who subsequently became pregnant.

The court's justification for this ruling was centered around the argument that the relationship was consensual, thus suggesting the possibility of an exception to the constitutional prohibition against relationships with minors of this age. The decision sparked outrage and concern among many lawmakers, who argue that it undermines the legal protections afforded to children and sends a dangerous precedent regarding the treatment of sexual violence against minors.

In the accompanying legal action, signed by federal deputies Fernanda Melchionna, Sâmia Bomfim, and Heloísa Helena, along with district representative Fábio Felix, they cite that established jurisprudence from the Superior Court of Justice rejects any notion that consent by a victim under 14 years, their prior sexual experiences, or an alleged romantic relationship can nullify the crime of rape, emphasizing the need for strict enforcement of laws protecting minors from sexual exploitation.

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