IACHR expresses concern over Brazil rulings exempting liability in sexual violence cases involving minors News
Joe Gratz, CC0, via Wikimedia Commons
IACHR expresses concern over Brazil rulings exempting liability in sexual violence cases involving minors

The Inter-American Commission on Human Rights (IACHR) on Tuesday condemned judicial decisions in Brazil that could exclude criminal responsibility in cases of sexual violence against girls and adolescents.

The statement follows an alarming two-year trend in which protections for children under the age of 14 have reportedly weakened. This is highlighted by four controversial rulings from Brazil’s Superior Court of Justice (STJ) that may limit criminal accountability in instances of sexual violence against minors. Collectively, the rulings introduced exceptions to the absolute presumption of non-consent in cases of sexual violence, considering mitigating circumstances such as the sexual abuser having reached the age of 18, entering marriage, or the victim falling pregnant.

These legal decisions reflect a broader regression in the country’s commitment to upholding international law, particularly its binding obligations under Article 34 of the UN Convention on the Rights of the Child (CRC). This convention mandates state parties to take appropriate measures in preventing the exploitation of children in unlawful sexual practices. The STJ’s rulings also conflict with the Belém do Pará Convention. This landmark international framework was adopted in 1994 to address the issue of violence against women. The STJ’s non-adherence to Article 7 (b) of the Belém do Pará Convention, which requires states to pursue cases of violence against women with due diligence, is concerning for the IACHR, especially given the STJ’s reaffirmation of this interpretative approach on April 3, 2025.

Official statistics indicate that 822,000 rapes occur annually in Brazil, nearly half of which involve girls between the ages of 10 to 14. The judiciary’s failure to uphold strong protections for minors in such cases only adds to an erosion in the human rights landscape in Brazil. The STJ’s jurisprudence demonstrates a persistence of gendered stereotypes and victim-blaming logic narratives. The IACHR’s statement is timely amid growing outcry from human rights organizations regarding the lack of implementation of decisions from international and regional human rights institutions regarding sexual and reproductive rights in Latin American countries.

In particular, Brazil’s systematic non-compliance with General Recommendation No.35 of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which enshrines the obligation of courts to consider the power imbalances inherent in cases of sexual violence raises concerns about the country’s failure to ensure a responsive justice system. It is recommended that Brazil’s judicial authorities reconsider legal interpretations that weaken legal protections for children and ensure that discourse on close-in-age exceptions in the absence of abuse of power is answered under the framework of juvenile justice.

THIS DAY @ LAW

Standard Oil incorporated

On January 10, 1870, John Davison Rockefeller incorporated Standard Oil. Rockefeller's corporation would grow to achieve a virtual monopoly over oil production in the United States. Standard Oil's dominance lasted until the corporation was split into 34 separate companies in 1911 after the Supreme Court found the company in violation of the Sherman Anti-Trust Act. The rise of Standard Oil made Rockefeller America's first billionaire and eventually the richest man in the world. Read the text of Standard Oil Co. of New Jersey vs. United States, 221 U.S. 1 (1910).