CNJ Probes Minas Gerais Court Acquittal in Case of 12-Year-Old’s Rape Charge

Overview

• By a 2–1 vote, the TJMG’s 9th Criminal Chamber acquitted a 35-year-old man and the girl’s mother, citing a “consensual affective bond” and a supposed family nucleus.
• The panel used a distinguishing rationale to depart from STJ guidance in Súmula 593 and Tema 918, which treat any sexual act with someone under 14 as criminal regardless of consent.
• The CNJ opened a Pedido de Providências and notified the TJMG and relator Magid Nauef Láuar to submit explanations within five days, with the case under judicial secrecy.
• The Minas Gerais Public Prosecutor’s Office said it is preparing the appropriate appeals and procedural measures to challenge the ruling.
• Politicians across parties and rights groups condemned the decision and introduced bills to reaffirm the irrelevance of consent under 14, as records show the girl lived with the man, he admitted relations at his April 8, 2024 arrest, and he was released on February 13.