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Brazil: Proposed Law Defines Child Pornography and Punishes Pedophilia

(Nov. 25, 2008) On November 11, 2008, the Brazilian Chamber of Deputies approved a proposed law designed to improve the fight against the production, sale, and distribution of child pornography and to criminalize the acquisition and possession of such material and other actions related to pedophilia on the Internet. The proposed law originated in the Federal Senate, where it was approved on July 9, 2008, and amends Law No. 8,069 of July 13, 1990 (Estatuto da Criança e do Adolescente [the Child and Adolescent Statute]).

The proposal also defines child pornography and makes punishments for such crimes much more stringent. Any act involving the use of a minor or an adolescent in a scene of explicit sex or pornography is punishable upon conviction with four to eight years in prison and a fine. If parents or guardians are involved or if the crimes are committed during the exercise of public functions or under the pretense of such exercise, the punishment is increased by one-third. In addition, the enticement, instigation, or constraint of a minor to practice sexual acts, as well as the facilitation or inducement to access pornographic material or to make a minor exhibit him or herself in an explicit sexual manner will entail a punishment, upon conviction, of three years in prison and a fine. The law will now be forwarded to the President of Brazil for his approval. (Câmara Aprova Projeto do Senado que Tipifica Condutas Ligadas à Pedofilia, JURID, Nov. 12, 2008, available at