This Wednesday (25), the National Congress approved Bill 2,195/2024, which prohibits the relativization of the crime of rape of a vulnerable person, committed against children under 14 years of age. The proposal, which now goes to President Lula for sanction, was voted on urgently as a response to recent court decisions that acquitted defendants based on the supposed existence of a romantic relationship or with the consent of the victim.
The new measure’s main objective is to prevent subjective interpretations by judges that contradict what is already established in the Penal Code. The text reinforces that the vulnerability of children and adolescents in this age group is absolute, making any argument about consent to the characterization of the crime irrelevant.
The mobilization for the approval of the law gained strength after the great repercussion of a case in Minas Gerais, in which a 35-year-old man was acquitted of raping a 12-year-old girl. The first instance decision, which was later revoked after popular pressure, considered the existence of an emotional relationship between the two.
The proposal reinforces another rule, created in 2024, which already prohibited relationships between 14-year-olds and adults, following the case in which a 20-year-old man was acquitted for having a relationship with a 12-year-old girl.
