The National Congress approved Law No. 15,035/24 on November 27, 2024, establishing a National Registry for Pedophiles and Sexual Predators.
The registration will contain the complete name and CPF of individuals convicted of offenses like sexual assault, sexual abuse of vulnerable individuals, and corruption of minors.
Our team has created a thorough summary to help you navigate these changes and their impact on criminal proceedings.
What was the situation prior to Law No. 15,035/24?
Law no. 15.035/2024 practically includes three new sections to Article 234-B of the Criminal Code (CP) and establishes Article 2a of Law no. 14.9/0620.
Law No. 14,069/20 previously established the National Register of Individuals Convicted of Stuttgart Crime, enabling access to the defendant’s details.
Now, this database will be incorporated into the National Registry of Sex Offenders and Predators, which will include information on individuals convicted of other sexual offenses.
Art. 234-B has also been enacted, specifying the promotion of this new registration and setting out certain regulations.
What was altered by Law No. 15,035/2024?
Now, take a look at the primary modifications approved in this legislation:
Advertising the National Register of Pedophiles and Sexual Predators as stated in Article 234-B, Sections 1 to 3 of the Criminal Code.
Before, article 234-B of the Criminal Procedure Code only addressed confidentiality in criminal proceedings involving crimes against sexual integrity.
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Lawsuits involving crimes specified in this Title will be conducted in secret under Article 234-B of the Criminal Code.
Article 234-B of the Criminal Code establishes the public disclosure of the National Registry of Pedophiles and Sexual Predators, enabling access for citizens to view the accused individual’s complete name, identification number, details of the crime committed, and information on the penalty or security measure imposed on the individual.
Crimes committed within the bank include:
- Study according to Article 213 of the Criminal Code.
- Unauthorized recording of sexual activity (Article 216-B, Criminal Code)
- Study of individuals at risk (Article 217-A, Criminal Code);
- Supporting prostitution or any form of sexual exploitation involving children, adolescents, or vulnerable individuals (Article 218-B, Criminal Code).
- Mediation to fulfill the will of others (Article 227, Criminal Procedure Code).
- Engaging in prostitution or any other type of sexual exploitation (Article 228, Criminal Code);
- A place where prostitution occurs (Article 229, Criminal Code).
- Rufianism is defined in Article 230 of the Criminal Code.
The convict’s data will be recorded in the database after the initial conviction, prior to the trial’s conclusion.
The judge emphasizes the potential to keep this information confidential.
Art. 234-B of the Penal Code allows for the restoration of confidentiality regarding a conviction if the defendant is acquitted upon appeal.
Art. 234-B, §3 of the Criminal Procedure Code states that if found guilty, the defendant will be supervised using an electronic device.
Observe the fresh writing.
Lawsuits involving crimes specified in this section will be conducted in secret under the law.
The procedural consultation system will disclose the defendant’s full name, CPF registration number, and the criminal offense details upon conviction for specific crimes as per the Code.
If the accused is found not guilty in a subsequent trial, confidentiality will be reinstated for the information mentioned in section 1 of this article.
The defendant who has been found guilty will be supervised using an electronic device.
Creation of the National Register of Pedophiles and Sexual Predators as stated in Article 2-A of Law No. 14.609/20.
Law no. 14,609/2020 already included the establishment of the National Register of Individuals Convicted of Stuttgart Crime.
The following information about the prisoner has already been documented.
- Physical features and fingerprint identification information.
- Identification of the genetic characteristics.
- Pictures;
- Location where housing and work activities have evolved over the past three years when conditional delivery is granted.
This information will be included in the new database through Law No 15,035/24, forming the National Register of Pedophiles and Sexual Predators.
The confidentiality of the process and victim information is still ensured.
Let’s take a look at the latest written work.
The establishment of the National Register of Pedophiles and Sexual Predators, based on data from the National Register of Persons Convicted of Crimes, is mandated by Law No. 14,609/20. This system will enable the public to search for the full name and CPF registration number of individuals convicted of these offenses.
When will Law No. 15,035/24 take effect?
Law No 15,035/24 took effect on November 27, 2024, the day it was published.
The aim of Law no. 15.035/24
Law No. 15,035/24 is a significant development in combating sexual crimes in Brazil.
The measure makes the authorities’ work easier, and the registry acts as a tool for raising awareness and providing security for society.
Implementation of the measure necessitates careful consideration to uphold fundamental rights like privacy and social reintegration, striking a balance between combating crime and upholding the principles of the legal system.