WowGain wrote:since you're all fucking retarded btw lemme explain something
the age of consent exists to protect children (two 16 year olds that are in a relationship have sex, etc).
THEY DO NOT EXIST TO ALLOW PEOPLE OVER THE AGE OF MAJORITY (18) TO HAVE SEX WITH MINORS (PEOPLE UNDER THE AGE OF 18). PLEASE FUCKING NECK YOURSELF IF YOU THINK OTHERWISE.
Good afternoon. As a practicing lawyer of the land, please, allow me to, humbly, try shedding some light on the subject or, at least, offer you some food for thought.
So, as brazilian laws go, there is not a single clause that directly states the "age of consent" in the country. In fact, although "consent" is understood as an essential element to be present at any sexual activity in order for it not to be considered a criminal act, e.g. rape, the brazilian law does not stablishes an age when someone becomes entitled to properly manifest ones decision on regard of sexual matters.
For this reason, most layman in the country - and even some law practicioners that are not used to the field of family law - understand that the age of consent in Brazil is the very same of the achievment of full civil capacity, that is, 18 years of age.
That said, the brazilian Penal Code stabilishes in its article 213 the crime of "Estupro" (rape) as "Constranger alguém, mediante violência ou grave ameaça, a ter conjunção carnal ou a praticar ou permitir que com ele se pratique outro ato libidinoso: Pena - reclusão, de 6 (seis) a 10 (dez) anos." (To compel someone, through violence or grave threat, to achieve carnal comunion or practice or allow that others practice with then another libidinous act: Penalty - reclusion, from 6 (six) to 10 (ten) years).
On the other hand, the same brazilian Penal Code, in its article 217-A, defines the crime of "Estupro de Vulnerável" (rape of vulnerable) as: "Ter conjunção carnal ou praticar outro ato libidinoso com menor de 14 (catorze) anos: Pena - reclusão, de 8 (oito) a 15 (quinze) anos." (To achieve carnal comunion or practice another libidinous act with someone under 14 (fourteen) years of age: Penalty - reclusion, from 8 (eight) to 15 (fifteen) years.)
Now, observe that, in the first case, the crime of "rape", the criminal conduct is characterized by the perpetrator forcing their will against the victim, through violent or threatning methods, in other worlds, ignoring the lack of consent by the victim for the act. In the other hand, in the second case, the "rape of vulnerable", there is not a similar allusion, whatsoever, to the possible supression of the victims wills. In this case, the age of the victim is the sole factor that characterizes the crime.
So, comparing the two definitions brought by the Penal Code, and through a "reverse interpretation" of the article 217-A of the law, we can understand that the brazilian law givers considered that any person under the age of 14 is uncapable of asserting oneself about the practice of sexual acts, thus, any such acts performed with then, by legally capable person, will be considered a crime.
Hence, the understanding that the "age of consent" in Brazil is 14 years.
Just for a quick illustration, there is a minor theory that sustains the "age of consent" in Brazil should be 12 years of age. That because the "Estatuto da Criança e do Adolescente" (Children and Adolescent Estatute), or ECA, defines as "adolescent" all people between 12 and 18 years of age. Since the ECA is more specific law to the subject of infancy, for the sake of constance, the age defined on the ECA should be adopted by the Penal Code.
With all that in mind, I would only like to urge you understand that, despite any personal opinion adopted on the matter, the saying of the law is just part of the answer to the question of the reason the age of consent in Brazil is as it is. Note that it usually takes a lot of time for laws to be updated, hence, it is not uncommon for then not representing the most recent social beliefs or practices of the society. In fact, as pointed out before, most people probably believes that the age of consent is set at 18 years, but none would deny the assumption that many people had thei first sexual experience at 15 or 16 years (maybe younger). My point: the law does not necessarily points the idea of normalcy of a society, but, at most, shows a particular position, ofa rulling group, over a given subject. Normalcy, in social context, varies a lot.
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You should educate yourself on brazillian law little lad.
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