The Plenary of the Federal Senate approved, this Wednesday (25), a bill that makes the presumption of vulnerability in sexual crimes against minors under 14 years of age absolute. The text, which now goes to presidential sanction, aims to block interpretations by the Judiciary that exempt accused persons under the justification of consensual relationships, history of behavior or the victim’s pregnancy.
Authored by federal deputy Laura Carneiro (PSD-RJ), PL 2195/2024 amends the Penal Code to guarantee a single guideline in Brazilian sentences. The measure establishes that any sexual act with minors under the age of 14 is a crime of rape, regardless of external factors or supposed affection alleged by the attackers.
The urgent vote took place in the wake of the decision of the 9th Criminal Chamber of the Court of Justice of Minas Gerais (TJMG) which acquitted a 35-year-old man initially convicted of raping and impregnating a 12-year-old girl.
CNJ fine-tooth comb and the case in Minas Gerais
To prevent judicial decisions favorable to abusers from occurring again, the Internal Affairs Division of the National Council of Justice (CNJ) determined that a fine-toothed comb should be carried out in the processes. The action will cover cases of sexual crimes against minors under 14 across the country, with the aim of guiding judges to rule out the thesis of child consent.
The review of the processes gained strength after the negative repercussion of the sentence handed down in Minas Gerais. The case’s rapporteur, judge Magid Nauef Láuar, initially argued that there was a “consensual emotional bond” between the 35-year-old man and the child, justifying the judicial pardon.
With popular pressure and an appeal filed by the State Public Ministry, the magistrate backed down from the decision the day before the PL was approved in the Senate. After the reversal in court, the abuser and the victim’s mother were immediately arrested.
The scenario at TJMG is worsened by the fact that judge Magid Láuar is the target of investigations at the CNJ itself due to allegations of sexual harassment. There are currently four formal charges against him, including a report from a nephew. PSOL and PDT parliamentarians also contacted the council asking for the magistrate’s removal.
This Thursday (27), the Federal Police launched an operation against judge Magid Nauef Láuar. He was also removed from office, by decision of the National Council of Justice.
Alarming scenario in Brazil
National numbers highlight the urgency of strict enforcement of legislation. Data released by the Ministry of Justice reveal that seven in every ten cases of rape registered in Brazil last year were classified as rape of a vulnerable person.
In total, the country recorded more than 57 thousand incidents of this nature in the last period analyzed alone. Official statistics also indicate that the North region has the highest rates of sexual crimes against minors in the country.
According to a survey by the Brazilian Public Security Forum, the danger is often within the child’s own home. In the absolute majority of criminal records, the abuser is a close person, belonging to the victim’s intimate circle or direct family member.
Furthermore, data from the Brazilian Institute of Geography and Statistics (IBGE) released in November 2025 revealed an alarming picture: 34,202 children and adolescents, between 10 and 14 years old, live in a conjugal union in the country.
‘Vulnerable is vulnerable and that’s the end of it’
In an interview with Tarde Band News, with Paula Valdez, deputy Laura Carneiro celebrated the approval of the project and highlighted that the new rule ends legal relativizations in the courts. According to the parliamentarian, the focus of the sentences becomes exclusively the protection of the child’s integrity.
“If she is vulnerable, she is vulnerable and that’s it. There is no other interpretation”, states the author of the proposal. The deputy points out that the intention is to put an end to judgments based on the victims’ behavior, the clothes they wear or oppressive local customs.
The parliamentarian emphasizes that children and adolescents do not have the necessary discernment to consent to relationships or marriages.
“Even if the law SAYS that, even if she is pregnant, even if she has even had a child, there is no possibility of that. Because that child cannot discern, she cannot know what is happening yet because she does not have the necessary experience for that.”
In 2019, Congress had already passed legislation banning child marriage for those under 16. However, the deputy assesses that the lack of rigor in the interpretation of the Penal Code allowed serious errors, as in the case of the Minas Gerais court. “The judiciary did not comply with the law. A 35-year-old man took advantage of the child’s lack of wisdom and fragility”, he analyzes.
In the parliamentarian’s view, society and the State need to change the way they view violence in childhood. “Children were made to study, play, be happy. They cannot be mothers or wives.”
