Age of consent in Brazil

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Age of consent around the world.

The age of consent in Brazil is 14, regardless of gender or sexual orientation, with a judicial precedent showing that a close-in-age exception that allows those aged 12 and 13 to engage in sexual activity with partners who are 5 years older or less is legal, although not constitutionally formalized.[1] The age at which there are no restrictions for sexual activities is 18. In any case, only individuals aged 18 or older can be legally charged, as this is the Brazilian age of criminal responsibility according to the Constitution of Brazil.[2]

Sexual acts with children younger than 14 are strictly illegal, and equivalent to statutory rape, and are legally defined by Article 217-A of the Brazilian Penal Code as the "rape of a vulnerable person," with a penalty of 8 to 15 years in prison.[3]

The prostitution of minors, under 18, is punished by Brazilian law and is prosecuted by the State, according to the Statute of Child and Youth of 1990 (Article 244-A),[4] as well as according to the Penal Code of the country in the Articles 218-B, 227, 230, 231 and 231-A.[5]

The law makes no distinctions between sexual orientation cases. As such, both heterosexual and homosexual activity between an adult older than 18 and a minor aged 14 or older, between an adult aged 18 and a teenager aged 13,[1] or between two adolescents aged 12 and 17, are completely legal, if the older partner does not play an authority role over the minor.

See also[edit]