The Chamber of Deputies criminalizes sexual offenses towards youngsters and adolescents
Rômulo Barroso – Exclusive to Diaries
This week, the Chamber of Deputies authorized a invoice that classifies sexual crimes dedicated towards youngsters and adolescents as “heinous”. In reality, based on the textual content of the regulation, 13 crimes will turn into felonies towards victims below 18 years of age. Through this, convicted individuals is not going to be entitled to pardon, pardon, pardon or bail and can begin serving their sentence in a closed regime, having to spend extra time in jail to have the ability to progress to semi-open jail. There can be a rise within the penalties and aggravating elements offered by the Penal Code and the Children and Adolescents Act (ECA).
Bill 2015, authored by deputies Paulo Freire Costa (PL-SP) and Clarissa Garotinho (Unio Brasil-RJ) and was authorized on Wednesday (09/11) with 393 votes. Now, it passes the Senate, the place it should be ratified earlier than going to the President of the Republic for approval.
“It should be taken into consideration that youngsters, attributable to their incomplete bodily and psychological growth, are weak, and due to this fact don’t have the capability to know the acts dedicated towards them or to stop the abuse dedicated towards them. , the State is strict in stopping and suppressing crimes of this nature There is an obligation to undertake a prison coverage”, argued the authors of the proposal.
The offense of raping a weak particular person, for instance, which at present carries a jail sentence of eight to fifteen years below the Penal Code, goes from 10 to twenty years by the invoice. Today, progress on the regime happens when the offender serves 40% of his sentence; The new regulation elevated the minimal sentence to 50% and 70% in case of retrial.
Sex crimes in Petropolis
According to the Rio de Janeiro Public Security Institute (ISP-RJ), there have been 66 circumstances of rape towards youngsters and adolescents in Petropolis final yr. Data from the company additionally revealed that there have been 21 circumstances of sexual harassment towards victims as much as the age of 17. There was additionally one incident of tried rape and two incidents of grooming, harassment or embarrassment to pressure intercourse.
Adriana Paixão, President of the Committee on the Rights of Children and Adolescents of Section 3 of the OAB (Brazilian Bar Association) in Petropolis, praised the approval of the regulation within the chamber.
“This invoice is essential to curb the assorted sexual crimes dedicated towards our kids and adolescents, which sadly solely improve each day and which prey on all social lessons,” he stated. Adriana warns, nonetheless, that public insurance policies additionally have to be carried out to guard younger folks.
“Crime will solely lower with elevated penalties and efficient public insurance policies that successfully defend youngsters and adolescents”, he stated.
For him, the seven-year delay for the chamber to vote on the regulation prescribed by the Federal Constitution and the ECA is unreasonable. “Children and adolescents take pleasure in absolute precedence, a assure given within the Federal Constitution of the Republic and within the Law on Children and Adolescents, and there’s no justification for such an extended delay in approving this invoice”, commented Paixao.
Social media has exacerbated the issue
Adriana Paixao analyzes that pedophilia and a number of other different crimes have been elevated by social networks. The invoice authorized by the deputies will increase some sexual crimes towards youngsters and youngsters, rising the penalty by 1/3 when the offender makes use of the so-called “deep internet” – an space of the Internet that’s not simply traced, which will increase the consumer’s anonymity.
“Pedophilia and lots of different crimes started to happen with better incidence after the appearance of social networks, when criminals ‘disguise’ behind the display of a pc or smartphone, preying on helpless youngsters and youngsters, who’re concerned on this crime. Dishonest. Bandit”, Adriana Says, who approves: “We can now not enable crimes of this nature to go unpunished”.
One of the improvements introduced by the Act was the advance of the Children and Adolescents Act (ECA), which had a loophole within the classification of offences. The textual content of the ECA specifies punishment for individuals who commit this offense towards “youngsters”, ie these below 12 years of age. The rapporteur of the invoice within the Chamber, Deputy Charles Evangelista (PP-MG), defined that this brought about difficulties for the proper classification.
“Unfortunately, within the earlier regulation, solely youngsters had been lined below the prevailing regulation. Often, prosecutors, representatives discover it very tough to typify the crime dedicated by a juvenile between the ages of 12 and 18. Hence, we’re additionally including to the ECA. the phrase ‘juvenile'” , defined the deputy.
This measure is properly regarded by Adriana Paixão.
“The purpose of this definition is to increase safety by reaching all minors, which may be very right in our view, since a big a part of youngsters in our nation are victims of all crimes each day, which had been topic to elevated punishment”, he commented.
See which crimes are actually thought-about heinous
According to the National Council of Public Ministries (CNMP), prison regulation considers heinous crimes that by their nature trigger hatred in society. The regulation handed by the House now considers the next crimes to be heinous:
– grievous bodily hurt or loss of life dedicated towards a baby or adolescent;
– corruption of minors;
– Lustful gratification within the presence of a kid or teenager;
– publication of a scene that condones or incites the apply of rape;
– loss of life after little one or adolescent abuse;
– Abandonment of kids or adolescents when it leads to loss of life;
– Trafficking in individuals dedicated towards youngsters, minors or aged or individuals with disabilities;
– create or file a sexually specific or pornographic scene involving a baby or adolescent;
– promoting or publishing on the market a graphic or pornographic sexual scene involving youngsters or adolescents;
– hold or purchase any file containing a graphic or indecent sexual scene involving a baby or adolescent;
– Simulating the participation of a kid or adolescent in a graphic or pornographic sexual scene via adulteration, images modifying or alteration, video or another type of visible illustration;
– Enticing, harassing, inducing or embarrassing a baby or teenager to carry out an indecent act with them; And
– Prostitution or sexual exploitation of kids or adolescents.
“After being authorized by the Federal Senate, we should put it up for sale via all channels as a way to make everybody conscious of their rights and duties, for the reason that safety of kids and adolescents is the duty of the household, society and state. Our nation”, within the third subsection of the OAB de Petropolis Highlighted Adriana Paixao, Chair of the Committee on the Rights of Children and Adolescents.