Pena will rise to 2 years to 5 years and fine; If the abandonment results in the death of the person, it will be from 8 to 14 years in prison
With Senate amendments, the President’s Sanction (PT) will be sanctioned by the bill that increases the penalty for abandonment of elderly or PCD (person with disabilities).
The general penalty, of imprisonment from 6 months to 3 years and a fine, will rise to 2 years to 5 years and fine. If the abandonment results in the death of the person, the penalty will be 8 to 14 years in prison. If it results in severe injury, there may be 3 to 7 years, both with a fine.
The amendments presented in the Senate also determine the exclusion of the jurisdiction of the Special Courts for the crime of seizure of children and adolescents without court order, and include in the penalty increases provided for in the text.
The PL (bill) 4,626 of 2020 was approved on Monday (16.JUN.2025) in the House of Representatives, author of the proposition, and sent to the presidential sanction.
Special Courts
In the bill, the deputies agreed with the Senate changes to increase the penalties and to exclude the jurisdiction of the special courts in the seizure of children and adolescents without court order.
One of the approved amendments alters the OE prohibits the use of the crimes of less potential offensive () for the crime of depriving the child or adolescent of his liberty, making his apprehension if he is in the act of infringing or without written order of the judge. In the bylaws, the penalty for this crime is detention of 6 months to 2 years.
Abandonment of elderly or incapable
The original project, approved by the House in 2021, determines the increase of penalty for the case of abandonment of the elderly or incapable or abuse. These crimes are foreseen in the Penal Code and cover anyone under the care of someone when unable to defend themselves from the risks resulting from abandonment.
Evil
Already the crime of abuse, currently punished with detention, now has the same general penalty. In the aggravation of severe bodily injury or death, currently punished with imprisonment of 1 to 4 years and imprisonment of four to 12 years, the project proposes the increase to 3 to 7 years and 8 to 14 years, respectively.
This crime is characterized as exposing to danger the life or health of a person under his authority, guarding or surveillance in the environment of education, teaching, treatment or custody, whether depriving it with diet or indispensable care or abusing means of correction or discipline.
In the Elderly Statute, the text attributes equal penalties to this penal type characterized similar to that contained in the Penal Code.
With information from.
