The Inter-American Commission on Human Rights (IACHR) recently voiced significant concerns over recent judicial decisions in Brazil that may exempt individuals from liability in cases involving sexual violence against minors. These developments come amidst a worrying trend over the past two years, wherein protections for children under the age of 14 have reportedly been eroded. The rulings in question, handed down by Brazil’s Superior Court of Justice (STJ), allow for exceptions to the absolute presumption of non-consent in instances of sexual violence against minors. The exceptions consider factors such as the sexual abuser reaching 18 years of age, entrance into marriage, or the victim’s pregnancy as mitigating circumstances.
This shift in legal interpretation appears to deviate from Brazil’s obligations under international law, particularly under Article 34 of the UN Convention on the Rights of the Child (CRC), which requires state parties to employ appropriate measures in preventing the exploitation of children in unlawful sexual activities. Furthermore, these judicial interpretations are at odds with the Belém do Pará Convention, a framework that seeks to combat violence against women, particularly as outlined in Article 7(b) which mandates due diligence in pursuing cases of violence against women. Despite pushbacks, the STJ reaffirmed this interpretative stance most recently on April 3, 2025.
Official statistics report approximately 822,000 rapes annually in Brazil, with almost half involving girls aged between 10 to 14. The judiciary’s rapid retreat from upholding robust protections for minors in such instances contributes to an increasingly fragile human rights environment in Brazil. The IACHR’s concerns arise amid broader human rights critique and calls from several organizations pressing for improved adherence to sexual and reproductive rights across Latin America.
Moreover, Brazil’s systematic disregard for General Recommendation No.35 from the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) casts serious doubts on the nation’s pledge to provide an equitable justice system. This recommendation highlights the necessity for courts to examine the inherent power imbalances in cases of sexual violence. Hence, it is imperative for Brazilian judicial authorities to rethink interpretations that dilute protections for minors and construct discussions around close-in-age exceptions without compromising the framework of juvenile justice.