The decision generated a reaction from the legal community, society and control bodies, such as the Public Ministry and the National Council of Justice
The national inspector of justice, minister Mauro Campbell, initiated a Request for Measures to investigate the actions of the Court of Justice of Minas Gerais (TJMG) and judge Magid Nauef Láua, rapporteur of the case that acquitted a 35-year-old man accused of raping a 12-year-old child.
The decision generated a reaction from the legal community, society and control bodies, such as the Public Ministry and the National Council of Justice.
Judge Magid Nauef Láuar understood that the defendant and the victim had a “consensual emotional bond” and overturned the first instance sentence that had sentenced the suspect to nine years and four months in prison.
The decision was handed down by the 9th Criminal Chamber of the TJMG. The body stated that the process is being processed in secret and will not comment on the matter. The process is being carried out under secrecy.
In the decision, the magistrate determined that the court and the judge provide information within five days about the decision.
The Court of Justice of Minas Gerais informed that it “will provide all necessary clarifications and adopt the measures requested” by the CNJ.
MP from Minas will ask for impeachment
The Public Ministry of Minas Gerais (MPMG) will also look into the TJMG’s decision. In a note sent to Estadão, the MP states that it has identified legal aspects subject to challenge and will adopt appropriate procedural measures to guarantee the application of the Superior Court of Justice’s jurisprudence.
The MP reinforced that the legislation understands any sexual relationship with children under 14 years of age constitutes rape of a vulnerable person.
“Such normative guidelines aim to protect the healthy development and sexual dignity of this population, treating them as unavailable legal assets, which override any interpretation based on the alleged consent of the victim or family consent”, he adds.
‘Distinguishing’
This is not the first time that Justice has committed such a deviation. The legislation considers sexual or libidinous acts between adults and minors under 14 years of age a crime.
“Distinguishing” (distinction when there are particularities to the general legal understanding of a topic) it has even been applied by the Superior Court of Justice (STJ), which led to a demonstration by the Inter-American Commission on Human Rights (IACHR).
Although they involve part of the cases, Superior Court decisions have become jurisprudence in state courts. The TJMG’s recent deliberation mentions 17 rulings, arguing that the STJ has not condemned when there is a finding of “loving and sexual involvement between the accused and the victim” with the “consent of the family and with the eventual formation of a family nucleus”.
Entities repudiate decision
On Sunday, the 22nd, the Brazilian Bar Association declared its rejection of the decision of the TJ of Minas.
The OAB cited the Brazilian Penal Code and stated that the legislation establishes that any sexual relationship with a minor under 14 years of age constitutes rape of a vulnerable person, without admitting consent, informal union or exception.
“A 12-year-old girl is a child, she does not have the physical, emotional or legal maturity to consent. The Constitution imposes absolute priority and full protection, and the Child and Adolescent Statute reaffirms the duty of the State and society”, declared the general secretary of the OAB, Rose Morais.
In a statement, the Ministry of Human Rights and Citizenship also criticized the court’s decision. The ministry highlighted that Brazil adopts the full protection of children and adolescents and that family consent or self-declaration of marital ties are unacceptable to relativize violations.
The ministry added that it “repudiates child marriage, a practice that constitutes a serious violation of human rights and deepens gender, racial and class inequalities.”
*Estadão Content
