The current Penal Code of Brazil () was promulgated in 1940, during the Estado Novo regime, and has been 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 proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal l ...

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

libel Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions ...

as a crime.

Background

The penal code is one part of the Brazilian criminal justice system. The National Congress passes laws to define what acts are considered criminal; this becomes part of the penal code. The Congress also codifies the procedures for implementing the penal code. Three national police forces and multiple state-level police forces work to prevent and combat crime and hold alleged perpetrators for prosecution. The

judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...

, including 92 courts at the federal and state levels interpret the codes and hear prosecutions and judge perpetrators; the correctional system oversees punishment and rehabilitatation of convicted criminals. The whole system hinges on the penal code, which is the starting point.

History

Previous penal codes

The first penal law in independent Brazil was the imperial 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.Commanding Heights
WGBH, PBS 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. An extensive reform of the Code was proposed in 1973 and successively postponed until it was revoked in 1978. Another commission to overhaul 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 in 2015.

References

External links

Penal Code of 1940

Penal Code of 1890

{{South America in topic, Law of

Brazil Brazil, officially the Federative Republic of Brazil, is the largest country in South America. It is the world's List of countries and dependencies by area, fifth-largest country by area and the List of countries and dependencies by population ...