A recent article highlights a troubling trend in Brazil where courts are ignoring a crucial summary issued by the Superior Court of Justice (STJ) that clarifies the law regarding sexual abuse of vulnerable individuals. This summary, which consolidates the court's understanding, should guide lower courts' decisions, but non-binding nature means that its application varies widely. Victims' consent and prior sexual experience are deemed irrelevant under this ruling; yet, recent cases show a disturbing pattern of acquittals based on interpretations that deviate from established guidelines.

One notable case occurred on February 20, where a 35-year-old man was acquitted of sexually abusing a 12-year-old girl, despite the clear stipulations laid out in the STJ's Summary 593 from October 2017. This decision, made by a court in Minas Gerais, sparks concerns about the protection of minors in the legal system and raises questions about the consistency of judicial interpretations across the country. The STJ aims to prevent any factors related to the victim from influencing the legal outcome, emphasizing that consent is irrelevant in these cases; however, many lower courts appear to disregard this critical point.

The implications of this judicial trend are significant, as they could foster a dangerous environment for vulnerable populations, especially minors. Legal experts and advocates for victims are urging a reevaluation of how these rulings are interpreted and applied across different jurisdictions in Brazil. The potential inconsistencies raise alarm about the effectiveness of the judicial system in safeguarding victims of sexual abuse, and it stresses the importance of adhering to the established legal precedents that are intended to protect these individuals.