On Tuesday afternoon (24), President Jair Bolsonaro sanctioned the bill that expands protective measures for children and adolescents who are victims of domestic or family violence. The norm also considers the murder of a minor under 14 years of age to be considered a heinous crime, with a penalty of imprisonment from 12 to 30 years.
The text determines a penalty of three months to two years for those who fail to comply with a court decision in favor of the adoption of urgent protective measures. In addition, the penalty for homicide against a minor under 14 years old increases from one third to one half if the crime is committed by a family member, employer of the victim, guardian or curator, or if the victim is a person with a disability or has a disease that implies an increase in your vulnerability.
The proposal was named the Henry Borel Law, in honor of the 4-year-old boy who was beaten and killed in March 2021. Those accused of the crime are Henry’s mother, Monique Medeiros, and the boy’s stepfather, former councilman Jairo. Souza Santos Júnior, known as Jairinho. The mother obtained authorization to answer for the crime in freedom, using an electronic anklet. Former councilor Jairinho remains in prison.
“A regrettable fact that marked all of us in Brazil, violence against a child. The project was made with the spirit of punishing, obviously, but also of discouraging actions of this nature”, said President Bolsonaro, when sanctioning the law. The ceremony was attended by part of the female bench of federal deputies.
The bill was authored by deputies Alê Silva (Republicans-MG) and Carla Zambelli (PL-SP). “The children of Brazil, as of today, will have at their disposal one more element in the law to protect them and make the life of anyone who wants to take the life of a child much more drastic and difficult,” said Alê Silva.
The bill also provides for punishment for those who fail to report to the public authority the practice of violence, cruel or degrading treatment, or violent forms of education, correction or discipline, against a child or adolescent, or the abandonment of an incapable person. The penalty will be from six months to three years, but it can be increased if the omission comes from relatives or if it leads to the death of the victim.
The matter promoted changes in the Penal Code and started to consider the Maria da Penha Law as a reference for the adoption of protective measures, police and legal procedures and medical and social assistance. Regardless of the penalty provided, the rules of the law of special courts cannot be applied. With this, the penalty cannot be converted into donation of basic food baskets or payment of a fine.