Law 14.994/2024, enacted on October 10, 2024, revised Articles 92, 129, 141, and 147 of the Criminal Code (CP) to introduce a new section dedicated to offenses involving violence against women.
The primary change involved raising the punishment for serious crimes, aiming to protect the safety, health, and lives of women.
To stay informed about these changes, review the following modifications and their effects on the legal system.
What was the situation before Law No. 14,994/2024?
The Criminal Code did not include a separate article for the offense of feminicide until Law no. 14.994/2024 was passed. As a result, feminicide was considered a form of qualified homicide under § 2 of Article 121.
The law also includes notable modifications in CP, such as offenses related to threats, offenses against reputation, physical harm, and the consequences of conviction.
The Law of Criminal Offenses, the Maria da Penha Law, the Law of Criminal Executions, and the Criminal Procedure Code will come into force with changes.
The primary reason for these modifications in various laws governing the Brazilian penal system is the desire to reduce the prevalent violence against women.
What are the modifications in Law No. 14.994/2024?
Now, review the primary modifications approved thoroughly.
Art. 92 of the Criminal Procedure Code: Consequences of a conviction without a trial
The article detailing the consequences of a conviction for CP specifies that upon final conviction, automatic penalties include feminicide, loss of family authority, and disqualification from holding public office or being appointed to future positions.
Let’s take a look at the latest essay.
Article 92 of the Criminal Code.
The incapacity to exercise family authority, guardianship, or curatela in intentional crimes subject to imprisonment committed against others who also have family authority, against a child or descendant, a guardian or ward, as well as in crimes against women due to their gender, as stated in Article 121-A, paragraph 1 of this Code.
The impact of this article does not happen automatically and must be explicitly stated by the judge in the ruling, regardless of whether the prosecution requests it, as stated in paragraph III of Paragraph 2 of this article.
Convicted individuals who commit crimes against women due to their gender will be subject to the provisions of Article 121-A, paragraph 1, of this Code.
The effects stated in paragraphs I and II of this article apply.
Prohibited individuals from holding any position in government or public office during and after a criminal conviction.
III – automatic consequences of the first and second incisors in Chapter II of § 2 of this Article.
Art. 121-A of the Criminal Code: Enhanced Penalties for Gender-Based Murders
There was no specific punishment for killing a woman because she was female.
Femicide was considered a special category of homicide under § 2 of article 121. Please refer to the previous essay for more information.
Femininity
VI – towards women due to their gender.
Imprisonment – isolation, ranging from 12 to 30 years.
Feminicide is now considered a self-inflicted crime with a specific article (121-A) in the CPB, resulting in a longer prison sentence of 20 to 40 years.
Feminine empowerment
Article 121-A of the Criminal Code pertains to the murder of a woman based on her gender.
Punishment – isolation, ranging from 20 to 40 years.
There are grounds of the female condition to be taken into account when the crime occurs.
Domestic and family violence are covered in Section I.
Disregard or discrimination based on gender.
The punishment for feminicide is raised by between one third and half if the crime is committed:
During pregnancy, in the 3 months following childbirth, or if the individual is the mother or caregiver of a child, adolescent, or person with disabilities of any age.
Against an individual who is under fourteen years old, over sixty years old, has disabilities, or has degenerative diseases causing physical or mental vulnerability.
III – in the presence of the victim’s family member, whether in person or online;
Violating the immediate protective measures outlined in Articles I, II, and III of Article 22 of Law No. 11.340 dated August 7, 2006 (Maria da Penha Law).
In the situations outlined in Article III, IV, and VIII of Section 2 of Article 121 of this Code.
Co-writer
Paragraph 3 should inform the co-author or party about the basic personal details of the crime outlined in Paragraph 1 of this Article.
Art. 129 of the Penal Code deals with criminal responsibility for physical injury offenses.
The previous document specified a three-year jail term for committing domestic violence.
Crimes of physical harm against family members or partners now carry a sentence of 2 to 5 years.
Previous paper:
Domestic abuse
If the harm is committed against a family member or someone with whom the perpetrator has a close relationship, the severity of the offense is increased.
Detention can last from three months to three years, which is unfortunate.
New article:
Domestic violence refers to abuse within a household.
If the injury is committed against a family member, relative, sibling, partner, or someone with whom the perpetrator has a close relationship or connection, the severity of the offense is increased.
Punishment – isolation for a period of 2 to 5 years.
Penalty for offenses against reputation under Article 141 of the Penal Code.
Art. 141 of the CP introduces a new paragraph that increases the penalty for slander, defamation, and injurious acts committed based on gender.
Essay from the past
Sentences in this Chapter are subject to a one-third increase if any of the crimes are committed, as per Article 141 of the Criminal Code.
I oppose the President of the Republic or a foreign head of state.
II – towards a government official in the performance of their duties, or towards the heads of the Federal Senate, the Chamber of Deputies, or the Supreme Court.
In the presence of a group of individuals, or by spreading slander, defamation, or insults.
IV – against children, teenagers, individuals over 60 years of age, or persons with disabilities, except as provided in § 3 of Article 140 of this Code.
If a crime is committed by offering payment or reward, a double penalty is enforced.
If the offense occurs or is revealed on any platforms of the internet, the punishment will be tripled.
New article:
The penalties in this Chapter are enhanced by one-third if any of the crimes is committed.
I am opposed to the President of the Republic or a foreign government leader.
II – towards a government official in the performance of their duties, or towards the Presidents of the Federal Senate, the Chamber of Deputies, or the Supreme Court.
III – in the presence of multiple individuals, or by promoting the spread of malicious gossip, libel, or disrespect.
IV – in opposition to a minor, teenager, individual over 60 years old, or person with disabilities, except as outlined in § 3 of Article 140 of this Code.
If a crime is committed by offering payment or reward, the penalty is doubled.
If the crime occurs or is revealed on any platforms within the global computer network, the punishment is tripled.
If the offense is committed against a woman due to her gender, the penalty is doubled according to Article 121, Section 1 of the Code.
Penalty for threatening behavior under Article 147 of the Criminal Code.
Art. 147 of the Criminal Code, which defines the offense of threatening, is now in force with changes that include the addition of two new paragraphs specifying:
- Committing this offense against women due to their gender will result in a dual punishment.
- The criminal act will not be based on the victim’s representation.
Let’s view Article 147 in its entirety.
Menace
Threatening someone with words, writing, gestures, or any other symbolic method to cause them unjust and serious harm is covered under Article 147 of the Criminal Code.
Punishment – detention, ranging from one to six months, or a monetary penalty.
If the offense is committed against a woman due to her gender, the penalty is doubled according to Article 121, Section 1 of the Code.
Representation is the sole method, except in the situation outlined in § 1 of this article.
Increased punishment for triple is established by the Criminal Contraventions Law (Decree-Law No. 3.688/41).
When the violation of traffic laws is committed specifically against women due to their gender, the punishment will be tripled. Let’s examine the modifications made in the text.
Article 21 deals with carrying out actions in reality against an individual.
Punishment may involve a brief imprisonment of fifteen days to three months or a fine ranging from one hundred thousand réis to a tale of réis, if the action is not considered a crime.
The penalty is raised by between one-third and half if the victim is over the age of 60.
The penalty is raised by one-third to half if the victim is over 60 years old.
If the offense is committed against a woman due to her gender, the penalty is tripled according to Article 121-A of Decree-Law No. 2.848.
The Heinous Crimes Act (Law No. 8.072/90) categorizes feminicide as a severe offense.
The Heinous Crimes Act is modified to include feminicide as a serious offense.
View the latest essay.
Crimes categorized as heinous include those outlined in Decree-Law No. 2.848 from December 7, 1940 – the Criminal Code, whether committed or attempted.
Feminicide, as defined in Article 121-A, falls under category I-B.
Maria da Penha Law (Law no. 11.340/06)
The punishment for violating protective measures under the Maria da Penha Law has been increased to 2 to 5 years of imprisonment and a fine from the previous range of 3 months to 2 years.
Observe the transformation.
Previous composition.
Article 24-A involves the dismantling of a court decision that upholds emergency protection measures outlined in this legislation.
Detention can range from 3 months to 2 years.
New article:
Article 24-A outlines the process of analyzing a court ruling that supports immediate protective measures as specified in this legislation.
Punishment may include isolation for a period of two to five years along with a monetary penalty.
Law No. 7.210/84, also known as the Criminal Execution Law
The Penal Execution Act (PLE) is now in force with various notable modifications, which we will examine in detail.
- The prisoner is not allowed to have intimate or conjugal visits.
A revised version of Article 41 of the LEP:
The prisoner’s entitlements are outlined in Article 41.
Spouse, companions, relatives, and friends can visit on specific days.
The offender found guilty of a crime against a woman due to her gender may be denied the right to receive intimate or conjugal visits.
- If a convict or provisional prisoner for domestic or family violence commits or threatens to commit further violence against the victim or their family during their sentence, they will be moved to a prison located away from the victim’s residence.
Please review the latest draft of the new article.
Private freedom penalties imposed by a Federal Unit’s Justice can be carried out in a different unit, in a local facility, or within the Union.
- Feminists must complete 55% of the penalty in order to benefit from the progression system, which also applies to the main defendant. Additionally, parole is not an option.
View the latest section 112 of LEP.
The private penalty of freedom will be gradually implemented by moving the prisoner to a less strict regime, as decided by the judge, once certain conditions are met.
55% of the penalty will be imposed if the perpetrator is convicted of committing femicide as a first offense with conditional release.
- Electronic anklet usage is required for temporary departures.
Article 146-E of LEP is currently in effect.
The offender convicted of a crime against women due to their gender will be subject to electronic monitoring upon benefiting from any form of early release from a criminal institution, as outlined in Article 146-E.
Priority of processing is emphasized in the Code of Criminal Procedure (Decree-Law No. 3.689/41).
Processes that lead to the commission of serious crimes or violence against women will be given precedence over other accomplishments, without consideration of costs.
Amends Article 364-A of the Criminal Procedure Code.
Processes involving severe crimes or violence against women will be given priority in all stages of processing.
Cases involving violence against women will not depend on the payment of costs, fees, or procedural expenses, except in cases of bad faith.
The exceptions outlined in Section 1 of this article are applicable solely to the victim. If the victim is deceased, the exemptions also extend to their spouse, ancestors, descendants, or siblings who have the right to represent them or file a complaint or take legal action.
Duration and Use
Law No 14.994/2024 became effective on 10 October 2024 when it was published in the Official Gazette of the Union.
It applies to all cases started after that date involving the serious crime of femicide or violence against women.
The Significance of Law No. 14.994/2024 in combating femicide
Law No 14,994/24, which raises the punishments for feminicide, is a significant step forward in the fight against violence towards women in Brazil.
By increasing the severity of penalties, the law underscores the need to enhance safeguards for victims and reinforces the dedication to upholding justice and human rights.
It is important for this transformation to be supported by strong public policies and preventative actions, like improving support systems for women and advocating for rights education, to effectively eliminate this form of crime with long-lasting outcomes.
What are the modifications brought about by Law 14.994/2024?
Law 14.994/2024 established feminicide as a separate offense, punishable by 20 to 40 years of imprisonment.
He introduced additional aggravating factors, such as committing a crime while the victim is pregnant or in the presence of family members. He also limited convicts’ progression within the regime and their temporary exits. Penalties for offenses like bodily harm, threats, crimes against reputation, and failure to comply with protective measures were extended. There is a provision for the suspension or loss of the aggressor’s familial authority.
What is stated in the domestic violence law?
The Maria da Penha Law states that any harm inflicted on women, whether physical, psychological, sexual, moral, or financial, due to gender-based actions or inactions within the domestic or family environment is considered a crime. This law includes protective measures for the victim, penalties for the perpetrator, and comprehensive support for the victim.
What falls under the category of femicide?
Femicide is the killing of women due to their gender, often in situations involving domestic violence, disrespect, or gender bias, and was designated as a separate criminal offense in 2024 with harsher punishments.
What constitutes domestic violence?
Domestic violence includes behaviors that result in physical, psychological, sexual, moral, or financial harm to women by family members, partners, ex-partners, or anyone in the household, regardless of blood relation. This involves acts such as aggression, threats, abuse, and violation of rights.
What is the amount of bail for Maria da Penha?
The police authority is not allowed to authorize bail in cases covered by the Maria da Penha Law. Bail decisions are solely made by the judge on a case-by-case basis, and in severe instances like intentional bodily harm, bail may not be granted.
What is the definition of a crime of passion?
Passional crime involves a violent act carried out in a fit of intense emotion like anger or jealousy, typically driven by passion and occurring without prior planning. It frequently occurs within intimate or family settings, and is linked to domestic and gender-based violence.
What is the punishment for minor physical harm under the Maria da Penha Law?
In cases of domestic violence against women, causing minor physical harm can result in a sentence of three months to three years of imprisonment, which may be increased based on specific conditions and the option for immediate protective actions.
What laws safeguard women?
Other than the Maria da Penha Law, there are additional Brazilian laws in place to safeguard women.
– Legislation addressing femicide, cybercrime, emergency contraception, and sexual harassment.
What sets feminicide apart from domestic violence?
Domestic violence involves different types of aggression or abuse towards women within the family, while feminicide is the killing of women driven by their gender, often as the most extreme form of domestic violence cycle.
What constitutes psychological violence against women?
Psychological violence against women refers to any behavior that results in emotional harm, reduced self-esteem, control over behavior, isolation, humiliation, threat, blackmail, or manipulation, all of which are specifically identified and penalized by the Maria da Penha Law.
References.
Law no 14.994/24 as published in the Official Gazette.
Penal Code – Legislative Decree no. 2.848/40
Criminal Contraventions Law – Decree-Law No. 3.688/41
Heinous Crimes Act – Law number 8.072/90
Maria da Penha Law – Law number 11,340/06
Law no. 7.210/84 pertains to the implementation of criminal penalties.
Criminal Procedure Code – Decree-Law No. 3.689/41
