Penal Code of Brazil

Penal Code of Brazil
Penal Code of Brazil
Created	December 7, 1940
Location	penal code

The current Penal Code of Brazil (

libel

as a crime.

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.^[1] 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 An extensive reform of the Code was proposed in 1973 and successively postponed until it was revoked in 1978.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.