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Penalties are aggravated in three situations: , per Article 308 Bis, Violación Infantes, Niña, Niño y Adolescentes, which punishes rape (violacion) of children under 14, "even without the use of force or intimidation and when consent is alleged" (así no haya uso de la fuerza o intimidación y se alegue consentimiento). In Brazil, the age of consent is 14, regardless of gender or sexual orientation, with a judicial precedent showing that a close-in-age exception that allows those aged 12 and 13 to engage in sexual activity with partners who are 5 years older or less is legal, although not legally formalized.is equivalent to statutory rape and is legally defined by Article 217-A of the Brazilian Penal Code (see text here in Portuguese) as the "rape of a vulnerable person", with a penalty of 8 to 15 years in prison., according to the Code of Minors (Article 244-A), as well as according to the Penal Code, Articles 218-B, 227, 230, 231 and 231-A.
The crime was replaced with a new one under the same name but now applicable to sexual acts with minors below 14, however prosecuteable not more by legal guardians but by the State (according to the new Article 225 of the Penal Code).falls under the rape legislation, Article 361; while any sexual contact with anyone under 14 y.o.falls under the statutory rape legislation, Article 362.): The sexual acts regulated by Articles 361 (rape), 362 (statutory rape), 363 (estupro) and 365 (homosexual sex) are defined as "carnal access" (acceso carnal), which means either oral, anal or vaginal intercourse.The Brazilian Imperial Code, in its Article 219, added by Notice 512 of 1862, established the age of 17 for the legal presumption of violence in sexual relations.The Penal Code of 1940 lowered the presumption of violence in sexual acts (equivalent of statutory rape) to 14 (Article 224, “a”, of the then Penal Code), but consensual sex with adolescents aged 14 to 17 could still be prosecuted under “corruption of minors” (Article 218) or “seduction of minors” (Article 217) while, in both cases, only parents could file charges to form a lawsuit (Article 225).Below is a discussion of the various laws dealing with this subject.
The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another who is also at or above that age.
The age at which there are no restrictions indicates the moment when someone reaches full sexual autonomy with respect to the law, while the minimum age of consent shows the minimum age at which someone can legally give consent, however under certain restrictions or circumstances.
Sexual acts with someone under this minimum age are legally classified as sexual abuse.
On March 2005, the crime of seduction of minors (Article 217 of the then Penal Code) was abolished by the Brazilian Congress.
It was applicable only when the victim was a virgin woman between 14 and 18.
The law makes no distinctions between sexual orientation cases.