The Brazilian Federal Supreme Court (Supremo Tribunal Federal or “STF”) denied the petition for writ of habeas corpus of Valdemiro Gutz, who had been convicted by the Superior Court of Justice – Santa Catarina of raping his two, minor daughters, both under the age of fourteen, over a period of five years. Although Gutz had been sentenced to 16 years and 8 months in jail for his crimes, the lower court subsequently reduced Gutz’s sentence by one-quarter, pursuant to Presidential Decree 3.226/99 (“Decree”). The lower court determined that the reduction was not barred by Article 7, Section 1 of the Decree, which states that a reprieve shall not apply to those convicted of “heinous crimes and those of torture, terrorism, illegal trafficking.” In response to the reduced sentence, the public prosecutor argued that Gutz’ crime fell within the “heinous crimes” exception to sentence reductions. The Service of Criminal Review of the State of Santa Catarina subsequently filed for writ of habeas corpus, arguing that crimes of rape and sexual assault do not fall within the scope of the “heinous crimes” exception except where serious bodily injury or fatality results. The Court examined the legislative language and treatment of rape, sexual assault, and other crimes, with respect to qualifying such crimes as “heinous.” The majority of the Court held that the legislation already had classified rape as a heinous crime. The Court denied the writ, and Gutz’s sentence remained without reduction.
Rape Defined As Heinous Crime for Sentencing Purposes: Habeas Corpus No. 81.288-1 (in Portuguese)