Brazilian President Luiz Inácio Lula da Silva signed a law increasing control over individuals under investigation and convicted of crimes against sexual dignity. The new piece of legislation also reinforces efforts in prevention, accountability, and victim support.

To ensure stricter punishment for these crimes – which mainly affect vulnerable individuals such as children, adolescents, and people with disabilities – the new law increases penalties for sexual crimes involving these groups. The maximum penalty can reach 40 years of imprisonment.

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The law also incorporates into the Brazilian Penal Code the crime of non-compliance with emergency protective measures, punishable by imprisonment of two to five years. The move aims to extend this protection, previously only included in the Maria da Penha Law, which created mechanisms to curb domestic and family violence against women.

Furthermore, the new legislation makes it mandatory to collect biological material from individuals convicted of or under investigation on charges of crimes against sexual dignity, for the purpose of genetic profiling.

Enforcement

The judge can enforce measures right away, including suspending or restricting gun ownership; removing the abuser from the home where they live with the victim; banning the abuser from approaching or contacting the victim, family members, and witnesses; and restricting or suspending visits with under-age dependents.

In addition, the judge may determine the use of an electronic ankle tag and a security device that notifies the victim of the aggressor’s approach.

Custody

How people convicted of sex crimes can change the way they serve a sentence is now based on stricter rules. Only those who pass a criminal exam showing no signs of a repeat offense can serve their sentence under a better regime or leave prison.

The new law also makes electronic monitoring mandatory for those convicted of crimes against sexual dignity and crimes against women when they leave the penal facility.

Children and adolescents

With regard to Brazil’s Statute of the Child and Adolescent – a code known in the country as ECA – the new legislation extends the possibility of medical, psychological, and psychiatric care to the families of victims of sexual crimes.

Educational campaigns are expanded and targeted at new audiences, including schools, health care centers, sports organizations, non-profits, and other public spaces.

The same measures are now included in the Statute of Persons with Disabilities to ensure a more comprehensive support network for victims of crimes against sexual dignity and their families.