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Lula sanctions law increasing femicide sentences to up to 40 years

This is the longest sentence in the Penal Code
Agência Brasil - Brasília
Published on 11/10/2024 - 10:59
Agência Brasil - Brasília
10.10.2024 - Presidente da República, Luiz Inácio Lula da Silva, durante a sanção do PL 4266/2023, que lei que agrava pena de feminicídio e de outros crimes praticados contra a mulher, no Palácio do Planalto. Na foto (da esquerda para a direita): Ministra do Planejamento e Orçamento, Simone Tebet; Presidente da República, Luiz Inácio Lula da Silva; Ministra das Mulheres, Cida Gonçalves; Ministra da Gestação e Inovação em Serviços Públicos, Esther Dweck; Advogado-Geral da União, Jorge Messias e o Secretário-Executivo do Ministério da Justiça, Manoel Carlos de Almeida. Brasília - DF.
Foto: Ricardo Stuckert / PR
© Ricardo Stuckert / PR

President Luiz Inácio Lula da Silva has signed into law a measure that increases the maximum penalty for femicide to 40 years, the longest sentence under Brazil’s Penal Code. The law also reclassifies femicide as a distinct crime, no longer treating it as a form of qualified homicide. Sentences have been raised from the previous range of 12 to 30 years to 20 to 40 years.

Lula took to social media following the approval of the new law, stating: "This is another step in the fight against femicide in Brazil. Alongside Minister Cida Gonçalves, I signed a bill that raises the minimum sentence for femicide from 12 to 20 years, with the maximum now reaching 40 years. It also increases penalties for other crimes committed against women. Our government remains committed to the National Mobilization for Zero Femicide."

The new law also classifies femicide as a heinous crime and introduces additional aggravating factors, which can lead to harsher sentences. These factors include the use of poison, torture, or other cruel methods; ambush or any means that prevent the victim from defending herself; and the use of restricted or prohibited firearms.

The new law also enhances penalties for convicts who violate protective measures while serving their sentences. The punishment is elevated from a prison term of 3 months to 2 years to a range of 2 to 5 years of imprisonment, along with a fine.

Additionally, the law introduces a provision for the transfer of a convicted or detained individual for crimes related to domestic or family violence in cases of threats. If the individual threatens or commits further violence against the victim or their family members while serving his sentence, he will be relocated to a prison situated far from the victim's residence.

The proposal to amend the Penal Code originated in the Senate, where it was approved before moving to the House of Representatives. The House approved the text in September, subsequently forwarding it to President Lula for its sanction.

*Based on information from Brazil’s House of Representatives News Agency