Crimes Against Honor and Maltreatment under Brazilian Law
Maltreatment (Art. 136)
Exposing a person under one’s authority, custody, or supervision (for education, treatment, or care) to life or health dangers, depriving them of necessary food or care, subjecting them to excessive or inappropriate work, or abusing correction or discipline:
Penalty: Imprisonment from two months to one year or a fine.
- If serious injury results: Imprisonment from one to four years.
- If death results: Imprisonment from four to twelve years.
- Penalty increased by one-third if the crime is committed against a person under 14 years old.
Key Aspects
- Bipróprio Crime: Concerns both the active agent and the liable agent.
- The victim is under the duty of care of the active agent.
Authority Types
- Educational Authority
- Guardian
- Custodial Supervisor
Crimes of Honor
Objective: Relates to an individual’s reputation within society; their image and name to others.
Subjective: Refers to an individual’s self-respect, decency, and dignity.
Defamation doesn’t require falsehood, unlike slander, which does. Both are crimes against objective honor. Injury involves insulting someone directly (e.g., bullying) and is a crime against subjective honor.
Slander (Art. 138)
Slandering someone by falsely accusing them of a crime:
Penalty: Imprisonment from six months to two years and a fine.
- The same penalty applies to those who knowingly disclose or repeat false accusations.
- Slander against the deceased is punishable.
- Truth is a valid defense, except:
- If the alleged crime involves private action and the victim hasn’t been convicted.
- If the fact is attributable to individuals listed in Art. 141, Paragraph I.
- If the crime is a public action and the victim was acquitted based on a lie.
Requirements
- Legally defined and determined fact.
- Falsehood.
- Intent (Dolo): Knowingly making a false statement with the intent to offend.
The crime is complete when the accusation reaches a third party.
Slander by Equation
Disclosing or repeating a known false accusation.
Exception of Truth
A defense used by the perpetrator to prove the accusation’s truth.
Criminal Libel Action
Respondent = Defendant / Plaintiff = Victim
Example: In a sexual harassment case, the defendant cannot use the truth exception if the case hasn’t been tried.
Defamation (Art. 139)
Defaming someone by imputing an offensive fact to their reputation:
Penalty: Imprisonment from three months to one year and a fine.
Exception of Truth: Allowed only if the victim is a civil servant and the offense relates to their function.
The fact doesn’t need to be criminal, just offensive. Intent is simply to commit the offense, regardless of truth or falsehood. The crime is complete when the fact reaches another person.
Example: A pastor wrote a defamatory letter but didn’t disclose it. Another person found and shared the letter. The pastor was convicted, but the other person wasn’t responsible.