The Brazilian Federal Supreme Court (Supremo Tribunal Federal or “STF”) denied the petition for writ of habeas corpus of the petitioner, upholding the constitutionality of Article 224(a) of the Penal Code which establishes a presumption of violence in sex crimes against minors. The petitioner was convicted of rape and child abuse, and was sentenced to a prison term of eight years for rape and one year and ten months for child abuse.
The Brazilian Federal Supreme Court (Supremo Tribunal Federal or “STF”) denied the petition for writ of habeas corpus of the petitioner, who had been convicted by the Superior Court of Justice (“STJ”) of raping his two minor daughters, both under the age of 14, over a period of five years. Although the petitioner had been sentenced to 16 years and 8 months in jail for his crimes, the lower court subsequently reduced the petitioner’ sentence by one-quarter, pursuant to Presidential Decree No.
The First Panel of the Brazilian Federal Supreme Court (STF), by majority, denied habeas corpus relief that sought to reclassify the crime of rape of a vulnerable person (Article 217-A of the Penal Code) as the misdemeanor of offensive molestation (Article 65 of the Law of Criminal Misdemeanors, later repealed by Law No. 14,132/2021).
Claim of Breach No. 31818 – Federal Supreme Court and Popular Action No. 1011189-79.2017.4.01.3400 – Federal Regional Court of the 1st Region (2019)
