AI analysis of the situation of violence against the elderly in Brazil and the new law published on July 4, 2025,
Although these are Brazilian laws, they are aligned with international human rights treaties.
I’m sharing two links: the first contains the study and legal opinion prepared using CHATGPT AI, and the second is the English translation of the article published in the legal news outlet Migalhas.
You will see that the bill, introduced in 2024 in the Brazilian Chamber of Deputies — whose full text I included on the blog — passed in record time.
I hope this material will be useful to you.
Best regards,
MINDD
BRAZIL: New Law Increases Penalties for Crimes Against the Elderly, Children and Adolescents, and Persons with Disabilities: Legal Opinion on Law No. 15,163/2025 – Harsher Penalties for Abuse Against the Elderly, Persons with Disabilities, and Children and Adolescents Using CHATGPT AI
Protection of Vulnerable Individuals in Brazil
This document discusses Law No. 15,163,
sanctioned on July 3, 2025, and effective as of July 4, 2025, in Brazil.
The main focus of the law
is the aggravation of penalties for crimes of ill-treatment and abandonment against the
elderly, people with disabilities (PwDs), children, and adolescents.
Key Points of the Document
● Law's Objective: To toughen penalties for ill-treatment and abandonment of the elderly,
PwDs, children, and adolescents.
● Increased Penalties: Crimes of ill-treatment and abandonment can now result in up to 14 years of imprisonment, according to the Penal Code and specific statutes.
● Legislative Changes: Law No. 15,163/2025 amended provisions of the Penal Code, the Statute of the Elderly Person, the Statute of the Person with Disabilities (Brazilian Inclusion Law - LBI), and the Statute of the Child and Adolescent (ECA).
○ Penal Code (Art. 133 - Abandonment of Incapable Person and Art. 136 -
Ill-treatment): Penalties for abandonment of an incapable person and ill-treatment
have been increased. For abandonment, the base penalty is 2 to 5 years; if serious
injury results, 3 to 7 years; and if death results, 8 to 14 years. For ill-treatment, the
base penalty is 2 to 5 years; if serious injury results, 3 to 7 years; and if death
results, 8 to 14 years. There is a one-third increase in penalty if the crime is against
a person under 14, over 60, or with a disability.
○ Statute of the Elderly Person (Art. 99): Penalties have been increased for
endangering the physical or psychological integrity and health of an elderly person
by subjecting them to inhumane or degrading conditions or depriving them of
essential food and care.
○ Statute of the Person with Disabilities (Art. 90): Penalties increased for
abandoning PwDs in hospitals, health homes, sheltering entities or similar, or not
providing their basic needs when legally obligated.
○ Statute of the Child and Adolescent (Art. 230): Addresses the deprivation of
freedom of a child or adolescent without due legal authorization.
● Prohibition of Criminal Special Courts: Law No. 15,163/2025 expressly prohibits the
application of Law No. 9,099/1995 (Criminal Special Courts) for crimes committed against
the elderly, PwDs, children, and adolescents when there is violence or a penalty
exceeding four years. This means these crimes will be processed by ordinary criminal
courts, without more lenient alternative measures.
● Data on Violence: The document presents alarming statistics on violence against the elderly in Brazil:
○ Between 2020 and 2023: 408,395 reported cases.
○ In 2023 alone: over 143,000 reported cases (an increase of 50,000 compared to
2022).
○ First three months of 2024: 42,995 reported cases.
○ Jan-Mar/2025: approximately 250,000 reported cases (a 140% increase compared
to 2022).
○ Approximately 2 out of every 3 victims are elderly women.
○ The Southeast region accounts for 53% of occurrences.
● Comparison with the Maria da Penha Law (LMP):
○ The Maria da Penha Law applies to women in situations of domestic and family
violence, regardless of the victim's age, and jurisdiction falls to the Courts of
Domestic and Family Violence against Women (absolute jurisdiction).
○ In cases of conflict between the LMP and the ECA, the LMP prevails if the victim is
a woman, even if a child or adolescent.
○ A comparative table details the differences between the laws regarding the object of
protection, penalties, qualifying factors, jurisdiction, and protective measures.
● Relevant Jurisprudence (STJ): The victim's age is irrelevant to preclude the jurisdiction
of the specialized court in domestic and family violence against women and the protective
norms of the Maria da Penha Law. The decision highlights that the LMP protects women
of any age, provided the violence occurs in a domestic, family, or intimate setting.
● Bill to Typify Violence Against the Elderly: The document also mentions a Bill (by Mr.
Antonio Carlos Rodrigues) that aims to typify violence against the elderly (over 60 years
old) as an autonomous crime, with a prison sentence of 2 to 5 years, in addition to the
corresponding penalty for the violence, and an increase of up to 2/3 if the aggressor is a
spouse or close relative. The justification is based on the trust relationship and
vulnerability of the elderly.
Document Analysis
The document provides a comprehensive and critical analysis of Law No. 15,163/2025,
highlighting its punitive and protective nature. The increase in penalties and the prohibition of
applying the Criminal Special Courts for these crimes demonstrate a tightening of legislation,
aiming to curb the growing violence against vulnerable groups. The statistical data presented
reinforces the urgency and necessity of this new law, especially the alarming increase in
reported cases of violence against the elderly, with most victims being women and a
concentration in the Southeast.
The comparison with the Maria da Penha Law is crucial as it clarifies the intersection and
distinction between protective legislations. The document correctly emphasizes that the LMP is
aimed at gender-based violence against women, presuming their vulnerability regardless of age,
which ensures the jurisdiction of specialized courts even when the victim is an elderly woman.
This is a strong point in legal protection, preventing gaps.
The full text of the aproved Bill to typify violence against the elderly as an autonomous crime is an important complement, as it seeks to recognize the specificity of this violence, often perpetrated by family
members, and the breach of trust it entails. The justifications for the bill are solid, focusing on
prevention and the recognition of gravity.
In summary, the document argues that Law No. 15,163/2025 represents a significant advance in
the protection of the elderly, PwDs, children, and adolescents in Brazil, complementing existing
legislation and seeking a more effective response to violence against these groups.
https://vitimasfalsoscondominios.blogspot.com/2025/07/brasil-nova-lei-aumenta-penas-para.html
Transtation of the article publish by MIGALHAS
https://vitimasfalsoscondominios.blogspot.com/2025/07/new-law-increases-penalties-for-abuse.html
New Law Increases Penalties for Abuse Against Elderly, Persons with Disabilities, and Children
The law changes the Penal Code and statutes to toughen punishment for crimes resulting in serious injury or death.
By Editorial Staff
Friday, July 4, 2025
Updated at 3:09 PM
The Federal Government has sanctioned Law No. 15,163/25, which increases the penalties for crimes related to abandonment and abuse of vulnerable people. The law amends provisions of the Penal Code, the Elderly Statute, the Persons with Disabilities Statute, and the Child and Adolescent Statute.
The law was published in the Official Gazette on Thursday, July 4, and is already in effect.
Under the new wording, the crimes of abandonment of a helpless person (Article 133 of the Penal Code) and abuse (Article 136) now carry a basic imprisonment penalty of 2 to 5 years. If the abandonment or abuse results in serious bodily injury, the penalty rises to 3 to 7 years, and can increase to 8 to 14 years in case of death.
The Elderly Statute’s Article 99—which deals with exposing health and physical or psychological integrity to danger—now has penalties equalized with the Penal Code. Moreover, the application of Law 9,099/95 (Special Criminal Courts) is expressly prohibited for crimes involving violence against elderly people.
The Persons with Disabilities Statute now includes specific punishments for abandonment of persons with disabilities, with imprisonment from 2 to 5 years, increasing to 3 to 7 years if serious injury results, and 8 to 14 years if death occurs. Additionally, a paragraph dealing generically with failure to provide assistance was revoked and replaced with specific provisions for those who "fail to provide the basic needs of a person with disabilities when legally or judicially obliged to do so."
Finally, in the Child and Adolescent Statute, the new law inserted paragraph 2 in Article 230 to prohibit the application of Law 9,099/95 in cases of improper apprehension of children and adolescents.
See the full law here.
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Related Content:
Protection
Chamber approves bill increasing penalty for abandonment of elderly or persons with disabilities
The bill modifying the Elderly Statute goes to presidential sanction.
By Editorial Staff
Tuesday, June 17, 2025
Updated at 8:36 AM
The Chamber of Deputies approved on Monday, June 16, Bill 4,626/20, which modifies the Elderly Statute to toughen penalties for abandonment of helpless persons, abuse, and exposure to danger of health and physical or psychological integrity of elderly people.
The text, which received amendments from the Senate, now goes to President Luiz Inácio Lula da Silva for sanction.
The proposal increases the penalty for abandonment of a helpless elderly person from six months to three years, to two to five years of imprisonment, plus fines.
If the abandonment results in serious bodily injury, the penalty becomes three to seven years imprisonment, plus fines.
If the abandonment leads to the death of the elderly person, the penalty is eight to fourteen years imprisonment, plus fines.
The same penalties apply to those who fail to provide basic needs to persons with disabilities when legally or judicially obligated.
Authored by Congressman Helio Lopes and others, the project received favorable report by Congressman Dr. Frederico.
The aim is to strengthen protection for elderly people and persons with disabilities, making the consequences harsher for those who violate their dignity, health, and safety.
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Source:
Migalhas
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Analysis
The new law represents a significant legislative effort to reinforce the legal protection of vulnerable populations—elderly individuals, persons with disabilities (PcD), and children—by substantially increasing criminal penalties for abandonment and abuse.
Key aspects include:
Harsher penalties: The law raises minimum and maximum imprisonment terms significantly compared to previous provisions, especially when abuse results in serious injury or death.
Uniformity across statutes: Penalties in the specific statutes for elderly and persons with disabilities are aligned with the Penal Code, showing an integrated approach to protecting vulnerable groups.
Exclusion of Special Courts: The prohibition on applying Law 9,099/95 (which typically allows for more lenient, expedited criminal procedures) in violent cases against the elderly and in wrongful apprehensions of children indicates a stricter criminal process without shortcuts.
Legal clarity on obligations: The law specifies duties to provide for basic needs of persons with disabilities, clarifying and strengthening legal accountability.
Policy direction: The legislative changes demonstrate the government’s intent to prioritize the dignity, safety, and wellbeing of vulnerable persons by imposing tougher consequences on perpetrators.
Overall, this law can be seen as part of a broader trend in Brazil to combat social vulnerability and impunity in crimes involving those who cannot fully protect themselves, reinforcing human rights and social justice principles.
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Read the full ANALYSIS of the NEW LAW with IA CHATGPT & GEMINI
demonstrate a tightening of legislation,
aiming to curb the growing violence against vulnerable groups. The statistical data presented
reinforces the urgency and necessity of this new law, especially the alarming increase in
reported cases of violence against the elderly, with most victims being women and a
concentration in the Southeast.
The comparison with the Maria da Penha Law is crucial as it clarifies the intersection and
distinction between protective legislations. The document correctly emphasizes that the LMP is
aimed at gender-based violence against women, presuming their vulnerability regardless of age,
which ensures the jurisdiction of specialized courts even when the victim is an elderly woman.
This is a strong point in legal protection, preventing gaps.
The full text of the aproved Bill to typify violence against the elderly as an autonomous crime is an important complement, as it seeks to recognize the specificity of this violence, often perpetrated by family members, and the breach of trust it entails. The justifications for the bill are solid, focusing on prevention and the recognition of gravity.
In summary, the document argues that Law No. 15,163/2025 represents a significant advance in the protection of the elderly, PwDs, children, and adolescents in Brazil, complementing existing
legislation and seeking a more effective response to violence against these groups.
https://vitimasfalsoscondominios.blogspot.com/2025/07/brasil-nova-lei-aumenta-penas-para.html
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