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Sex with young adolescents aged 12 or 13, although under the age of statutory rape, were then also prosecuteable only by parents (Article 225) (see old version of the 1940 Penal Code here – in Portuguese), while sex with those younger than 12 was prosecuted by the State based on the legal definition of child (Article 2nd of the Code of Minors).As an exception, the State could prosecute the offender when the minor was at any age below 18 but only when the family of the minor was so poor that they couldn’t afford a lawsuit (Penal Code, article 225, I) or when the offender was the father, mother, stepfather, stepmother or legal guardian of the minor (Penal Code, article 225, II).
falls under the statutory rape legislation, Article 362.): The sexual acts regulated by Articles 361 (rape), 362 (statutory rape), 363 (estupro), and 365 (homosexual sex) are defined as "carnal access" (acceso carnal), which means either oral, anal, or vaginal intercourse.In March 2005, the crime of seduction of minors (Article 217 of the then Penal Code) was abolished by the Brazilian Congress.It was applicable only when the victim was a virgin woman between 14 and 18.The Brazilian Imperial Code, in its Article 219, added by Notice 512 of 1862, established the age of 17 for the legal presumption of violence in sexual relations.The Penal Code of 1940 lowered the presumption of violence in sexual acts (equivalent of statutory rape) to 14 (Article 224, “a”, of the then Penal Code), but consensual sex with adolescents aged 14 to 17 could still be prosecuted under “corruption of minors” (Article 218) or “seduction of minors” (Article 217) while, in both cases, only parents could file charges to form a lawsuit (Article 225).
The extent and nature of these restrictions or circumstances vary according to the country and are explained below in the proper section.