The current

Penal Code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...

of Brazil ( pt, Código Penal brasileiro) was promulgated in 1940, during the Estado Novo regime in the

Vargas Era The Vargas Era (Portuguese: ''Era Vargas''; ) is the period in the history of Brazil between 1930 and 1945, when the country was governed by president Getúlio Vargas. The period from 1930 to 1937 is known as the Second Brazilian Republic, and ...

, and is in effect since January 1, 1942. It is the third codification of

criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...

in the country's history, succeeding those of 1830 and 1890. One notable feature of the document is the inclusion of

libel Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...

as a crime.

History

Previous penal codes

The first penal law in independent Brazil was the

imperial Imperial is that which relates to an empire, emperor, or imperialism. Imperial or The Imperial may also refer to: Places United States * Imperial, California * Imperial, Missouri * Imperial, Nebraska * Imperial, Pennsylvania * Imperial, Texa ...

Criminal Code of 1830, issued on December 16, 1830 and approved by Emperor Pedro I. The General Assembly of the Empire determined that any offense or voluntary omission to the Code was to be considered a crime. The Criminal Code of 1830 was in force during the Empire. After the Proclamation of the Republic in 1889, a new penal code was created on October 11, 1890, followed by a new constitution in 1891. This penal code was in effect during the First Republic and most of the Vargas Era.

Current penal code

In 1934, a new constitution was enacted under President

Getúlio Vargas Getúlio Dornelles Vargas (; 19 April 1882 – 24 August 1954) was a Brazilian lawyer and politician who served as the 14th and 17th president of Brazil, from 1930 to 1945 and from 1951 to 1954. Due to his long and controversial tenure as Brazi ...

. This was followed by the creation of a new penal code, the one currently in use, on December 7, 1940. After the end of the Vargas Era in 1945–46, a new constitution was created, but the Penal Code of 1940 was not abolished. There was an unsuccessful attempt to replace it with a new one in 1969, during the

military government A military government is generally any form of government that is administered by military forces, whether or not this government is legal under the laws of the jurisdiction at issue, and whether this government is formed by natives or by an occup ...

. A large reformation of the Code was proposed in 1973 and successively postponed until it was revoked in 1978. Another commission for a large reform of the Code was formed in 1980. The reform finally took place in 1984, one year before the end of the military government. Recent modifications include a redefinition of "sexual crimes" in 2009, and the inclusion of

feminicide Femicide or feminicide is a hate crime which is broadly defined as "the intentional killing of women or girls because they are female," but definitions of it vary depending on cultural context. In 1976, the feminist author Diana E. H. Russ ...

in 2015.

External links

Penal Code of 1940

Penal Code of 1890

History

Previous penal codes

Current penal code

External links

See also