The Tribunal de Justiça de Minas Gerais (TJ-MG) has applied the legal principle of 'distinguishing' in at least 41 cases, leading to the acquittal of defendants accused of sexual abuse of vulnerable victims over the last four years, according to a survey conducted by G1. The principle allows judges to disregard previous rulings if they believe the current case holds significant differences, which has raised concerns over the potential for leniency in the justice system regarding serious offenses against minors.

Recently, a notable case involved a 35-year-old man who was released after being accused of raping a 12-year-old girl in Indianápolis, MG. Although this case initially resulted in acquittal, the decision was reversed following an appeal by the Public Ministry, which highlights the contentious nature of these decisions and the ongoing debates surrounding judicial discretion in the application of laws related to sexual offenses.

The G1 report further reveals that while many cases resulted in acquittals facilitated by the distinguishing principle, 17 instances resulted in convictions due to procedural grounds or a determination that the legal criteria were not met. This situation underscores the complexity and sensitivity of the legal definitions and standards applied in cases involving vulnerable individuals, prompting discussions about the adequacy of the existing legal framework and the protection of minors within the Brazilian justice system.