MAP Forum

On Thursday, the 28th, President Luiz Inácio Lula da Silva sanctioned the law that creates the National Registry of Pedophiles and Sexual Predators, a public consultation system that will be developed based on data from the National Registry of People Convicted of Rape. The goal is to facilitate access to information to protect women and children and prevent new crimes.

It will be possible to consult the full name and CPF number of defendants convicted in the first instance for sexual crimes. The system should maintain data such as the sentence or other security measures imposed on the convicted defendant, who will be monitored by an electronic device.

The rule applies to the following criminal offenses:

rape;
unauthorized recording of sexual intimacy;
rape of a vulnerable person;
facilitating prostitution or other forms of sexual exploitation of a child, adolescent or vulnerable person;
mediation to serve the lust of another person;
promoting prostitution or other forms of sexual exploitation;
maintaining a brothel; and
pimping (taking financial advantage of another person's prostitution).
If the defendant is acquitted in the second or third instance, the confidentiality of the information will be reestablished. In return, the information regarding the victims will always be kept confidential.

The president vetoed the section of the law that determined that the information in the registry would be available for public consultation for a period of ten years after the sentence has been fully served. The argument is that extending the period for keeping the data in the registry beyond the period of serving the sentence would violate constitutional principles such as proportionality and due process. The veto will be submitted to the National Congress for consideration.

The proposal that gave rise to the law was presented by Senator Margareth Buzetti (PSD-MT). The text was approved by the Senate in May of this year.

“The National Registry of People Convicted of Rape is an important instrument for protecting women, children and adolescents against attacks by potential sexual predators, allowing preventive measures to be taken to avoid them becoming victims of this type of delinquent,” said the Minister of Justice and Public Security, Ricardo Lewandowski, in a statement.