Lei nº 13.718/18 e os Crimes contra a Dignidade Sexual

🏆 DP Academy - Complete Course for the PCSP (São Paulo Civil Police) ▪️ https://bit.ly/3SY5fiq 📌 Free Super Class - How to study highly efficiently to pass the PCSP exam (Elite Training) ▪️ https://bit.ly/3M9xzfU 👊 Telegram - Be notified about new free classes for the PCSP exam ▪️ https://t.me/profdiegopureza ▪️ DP Podcast:    / dppodcastoficial   ▪️ Portuguese Channel: https://bit.ly/3BgLqKp ▪️ Instagram: https://bit.ly/3DqggT1 THE PRESIDENT OF THE SUPREME FEDERAL COURT, acting as PRESIDENT OF THE REPUBLIC, hereby announces that the National Congress decrees and I I hereby enact the following Law: Article 1. This Law defines the crimes of sexual harassment and dissemination of rape scenes, makes the nature of the criminal action for crimes against sexual freedom and sexual crimes against vulnerable individuals unconditionally public, establishes aggravating circumstances for these crimes, and defines gang rape and corrective rape as aggravating circumstances. Article 2. Decree-Law No. 2,848, of December 7, 1940 (Penal Code), shall be amended as follows: “Sexual Harassment Article 215-A. To commit against someone, without their consent, a lewd act with the objective of satisfying one's own lust or that of a third party: Penalty - imprisonment, from 1 (one) to 5 (five) years, if the act does not constitute a more serious crime.” "Article 217-A. ............................................................. ......................................................................................... § 5 The penalties provided for in the main paragraph and in §§ 1, 3 and 4 of this article apply regardless of the victim's consent or the fact that she had sexual relations prior to the crime." (NR) “Dissemination of rape scenes or scenes of rape of a vulnerable person, scenes of sex or pornography Article 218-C. To offer, exchange, make available, transmit, sell or expose for sale, distribute, publish or disseminate, by any means - including through mass media or computer or telematics systems - photographs, videos or other audiovisual recordings containing scenes of rape or rape of a vulnerable person or that advocate or induce its practice, or, without the victim's consent, scenes of sex, nudity or pornography: Penalty - imprisonment, from 1 (one) to 5 (five) years, if the act does not constitute a more serious crime. Increased Penalty § 1 The penalty is increased by 1/3 (one third) to 2/3 (two thirds) if the crime is committed by an agent who maintains or has maintained an intimate relationship of affection with the victim or for the purpose of revenge or humiliation. Exclusion of Illegality Section 2. There is no crime when the agent engages in the conduct described in the heading of this article in a publication of a journalistic, scientific, cultural, or academic nature, using a method that makes it impossible to identify the victim, unless the victim has given prior authorization if they are over 18 (eighteen) years of age. Article 225. In the crimes defined in Chapters I and II of this Title, proceedings are initiated by means of an unconditional public criminal action. Sole paragraph. (Repealed). (NR) “Art. 226. .............................................................. ....................................................................................... II - by half, if the perpetrator is an ascendant, stepfather or stepmother, uncle, brother, spouse, partner, guardian, curator, tutor or employer of the victim or by any other title has authority over her; ....................................................................................... IV - from 1/3 (one third) to 2/3 (two thirds), if the crime is committed: Gang rape a) by means of the participation of 2 (two) or more perpetrators; Corrective rape b) to control the social or sexual behavior of the victim.” (NR) “Article 234-A. ........................................................... ........................................................................................ III - from half to 2/3 (two-thirds), if the crime results in pregnancy; IV - from 1/3 (one-third) to 2/3 (two-thirds), if the perpetrator transmits to the victim a sexually transmitted disease that he knows or should know he carries, or if the victim is elderly or a person with a disability.” (NR) Article 3. The following are repealed: I - the sole paragraph of Article 225 of Decree-Law No. 2,848, of December 7, 1940 (Penal Code); II - Article 61 of Decree-Law No. 3,688, of October 3, 1941 (Law of Criminal Offenses). Article 4. This Law enters into force on the date of its publication. Brasilia, September 24, 2018; 197th of Independence and 130th of the Republic. JOSÉ ANTONIO DIAS TOFFOLI Gustavo do Vale Rocha Grace Maria Fernandes Mendonça This text does not replace the one published in the Official Gazette of 25.9.2018 Let's go together!!! #Law13.718/18 #DiegoPureza #CriminalLaw