Brazil

Crimes

Rape & Sexual abuse *2

Basic type: 

Sexual Penetration OR other lewd act

AND using violence & force or serious threat

Aggravated type

Child >14yo < 18yo or causing serious physical injury

Hyperaggravated: 

Causing death.

Basic type: 6 up to 10 years custodial sentence.

Aggravated type: 8 up to 12 years.

Hyper aggravated type: 12 up to 30 years

Basic and aggravated types: 16 years

Hyperaggravated type: 20 years

—

Tolling (suspension) *3

Until victim turns 18 yo. 

Rape & sexual abuse by deception/ fraud *4

Sexual penetration OR other lewd act

AND 

Using fraud or deception

AND 

Victim unable to give free consent

12 years

—

Tolling (suspension) SOL

Until victim turns 18 yo

Offensive/ unwanted sexual acts *5

Lewd sexual act

AND

Victim does not give consent 

AND 

Lewd intention (satisfying own or third party sexual desires).

1 up to 5 years

Custodial sentence

12 years

—

Tolling (suspension) SOL

Until victim turns 18 yo

Sexual harassment *6

Hierarchical or other type of subordination (i.e. position, function, employment) between victim and aggressor

AND

Harassment

AND

Intent to obtain a sexual favour or advantage

 1 up to 2 years custodial sentence

Aggravated sentence: Custodial sentence increased by a third if victim < 18 yo

 1 up to 2 years custodial sentence

Aggravated sentence: Custodial sentence increased by a third if victim < 18 yo

Basic: 4 years

Aggravated: 8 years

—

Tolling (suspension) SOL

Until victim turns 18 yo

Unauthorized recording sexual activity *7

Producing, photographing, filming, recording by any method 

AND

Content including private/ intimate sexual nudity or sexual act

AND 

Victim not giving consent

6 months up to 1 year custodial sentence

Same penalty applies to deep faking (editing photo or video to add person’s face to sexual nude or sexual act material)

4 years

—

Tolling (suspension) SOL

Until victim turns 18 yo

Statutory rape & sexual abuse *8

Penetration or lewd sexual act AND

Victim < 14 years

or mental illness or intellectual disability (unable to give valid consent or offer resistance)

Aggravated type

causing serious physical injury

Hyperaggravated: 

Causing death.

Basic type: 8 up to 15 years custodial sentence

Aggravated type:

10 up to 20 years custodial sentence

Hyperaggravated

12 up to 30 years custodial sentence.

20 years

—

Tolling (suspension) SOL

Until victim turns 18 yo

Corruption of minors *9

Inducing victim to carry out acts for another person’s sexual gratification 

AND

Victim child < 14 years old

2 up to 5 years custodial sentence

12 years

—

Tolling (suspension) SOL

Until victim turns 18 yo

Sexual intercourse & lewd act in front of a child *10

Practicing sexual intercourse or lew act in front of child

AND

Victim child < 14 years

AND

Lewd sexual intent

2 up to 4 years custodial sentence

8 years

—

Tolling (suspension) SOL

Until victim turns 18 yo

Child commercial sexual exploitation (including user of CCSE)

Subjecting, inducing or attracting to child commercial sexual exploitation  

AND

Victim child < 18yo or mental illness/ intellectual disability unable give valid consent

OR 

User of CCSE AND victim >14 and < 18yo.

OR

Owner, manager or person responsible for a place where CCSE takes place.

4 years up to 10 years custodial sentence

16 years

—

Tolling (suspension) SOL

Until victim turns 18 yo

Disclosure of rape scene or sex/ pornographic scene without victim’s consent

Video or audiovisual recording, photograph

AND

Content includes rape, rape of a vulnerable person, or nudity & sexual intercourse scenes without victim’s consent

AND

Offering, trading, making available, transmitting, selling or exhibiting for sale, distributing, publishing or disclosing content by any means

1 to 5 years custodial sentence

12 years

—

Tolling (suspension) SOL

Until victim turns 18 yo

Induce child victim to satisfy third party’s lust/ sexual desire *13

Basic type

Inducing victim to gratify a third person’s lust 

Aggravated types:

(A) Victim >14 yo < 18yo or accused is family member or has otherwise parental responsibility or duty of care for victim

(B) Using force or threats

Basic type:

1 up to 3 years

Aggravated types:

(A) 2 up to 5 years custodial sentence

(B) 2 up to 8 years custodial type.

Basic type: 8 years

Aggravated types: 12 years

—

Tolling (suspension) SOL

Until victim turns 18 yo

Promoting prostitution/ other forms of sexual exploitation *14

Basic type:

Inducing, attracting victim to prostitution/ other forms of sexual exploitation, 

OR

facilitating, preventing, or making it difficult for victim to abandon prostitution

Aggravated type: 

Accused is family member or has otherwise parental responsibility or duty of care for victim. 

Hyperaggravated type: using violence, serious threat, fraud or otherwise hindering statement of consent

Basic type: 2 up to 5 years custodial sentence.

Aggravated type: 3 up to 8 years custodial sentence.

Hyperaggravated type: 4 up to 10 years

Basic and aggravated type: 12 years

Hyperaggravated type: 16 years

—

Tolling (suspension) SOL

Until victim turns 18 yo

 Keeping a brothel *15

 Keeping a venue where sexual exploitation takes place 

AND

It does not matter if it’s not for commercial gain

AND

It does not matter if accused does not intervene directly in the sexual exploitation.

2 up to 5 years custodial sentence.

12 years

—

Tolling (suspension) SOL

Until victim turns 18 yo

Living on earnings of child commercial sexual exploitation (CCSE) *16

Basic type:

Economically benefiting from the victim’s earnings obtained through CCSE

AND 

Victim child >14yo to 18yo OR accused is family member or has otherwise parental responsibility or duty of care for victim

Aggravated type: Violence, threats, deception.

Basic type: 3 up to 6 years.

Aggravated type: 2 up to 8 years

12 years

—

Tolling (suspension) SOL

Until victim turns 18 yo

Human Trafficking *17

Persuade, recruit, transport, transfer, buy, provide shelter/housing victim

AND

Using violence, fraud, coercion or abuse

AND

Intent to force the victim into slavery, servitude or sexual exploitation, illegal adoption, extract organs.

Basic type: 

4 up to 8 years custodial sentence:

Aggravated type:

Victim child < 18yo. Custodial sentence increased by one  third up to a half (if increased by half it would be 6 up to 12 years custodial sentence)

16 years

—

Tolling (suspension) SOL

Until victim turns 18 yo

Production child sex exploitation material (CSEM) *18

Producing, reproducing, directing, photographing, filming or recording by any means pornographic sex scene 

AND

Victim child < 18yo.

Basic type: 4 up to 8 years custodial sentence.

Aggravated type: Penalty increased by one third if family member, duty of care, parental responsibility.

Basic type 12 years. 

Aggravated type: 16 years. 

—

Tolling (suspension) SOL

Until victim turns 18 yo

Selling CSEM *19

Selling or displaying for sale Child Sex Exploitation Material (i.e. photograph, video)

12 years

—

Tolling (suspension) SOL

Until victim turns 18 yo

Distribution CSEM *20

Offer, exchange, make available, transmit, distribute, publish, disclose or ensure storage or access to CSEM by any means

12 years

—

Tolling (suspension) SOL

Until victim turns 18 yo

Possession CSEM *21

Acquiring, possessing or storing CSEM.

Custodial sentence 1 up to 4 years.

Attenuated type: penalty reduced by 1 up to 2/3 if low quantity

Basic type: 8 years

Attenuated type: 4 years

—

Tolling (suspension) SOL

Until victim turns 18 yo

Grooming *22

Enticing, harassing or coercing child <18yo

AND

intention to practice libidinous act with child OR

induce child to exhibit him/herself in pornographic/ sexual way

OR      

Facilitating pornographic material to child with intention to commit libidinous act with child

1 up to 3 years custodial sentence

8 years

—

Tolling (suspension) SOL

Until victim turns 18 yo

Age Cap

By
2008

2012

2022