Ages of Consent in South America - Brazil

Brazil

In Brazil, the age of consent is 14, regardless of gender and/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 legally formalized. The age at which there are no restrictions for sexual activities is 18.

Sex with minors below the age of 14, at least for all those older than 18, is equivalent to statutory rape and is legally defined by Article 217-A of the Brazilian Penal Code (see text here in Portuguese) as the "rape of a vulnerable person", with a penalty of 8 to 15 years in prison.

The prostitution of minors (all ages under 18) is punished by law and is prosecuted by the State, according to the Code of Minors (Article 244-A), as well as according to the Penal Code, Articles 218-B, 227, 230, 231 and 231-A. The law makes no distinctions between sexual orientation cases.

In any case, only individuals aged 18 or older can be legally charged, since this is the Brazilian age of criminal responsibility according to the Federal Constitution, Article 228.

Read more about this topic:  Ages Of Consent In South America