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Brazil: Federal Supreme Court Authorizes Release of Pregnant Women in Pretrial Detention

(Mar. 15, 2018) On February 20, 2018, the second chamber of the Brazilian Federal Supreme Court decided by a majority vote to grant collective habeas corpus to women currently in pretrial detention and place them under house arrest instead. This decision applies to all women prisoners in the national territory who are pregnant or mothers […]

Brazil: Federal Supreme Court Allows Transfer of Two Transvestites to Prisons Compatible with their Sexual Orientation

(Mar. 14, 2018) On February 19, 2018, Justice Luis Roberto Barroso of the Brazilian Federal Supreme Court ruled in a habeas corpus proceeding that two persons who self-identified as transvestites and who had been placed in a men’s prison cell be transferred to a prison that is “compatible with their gender identity.” (Ministro determina transferência […]

Brazil: New Law Admits Women to the Navy

(Dec. 26, 2017) The Brazilian Federal Senate passed a bill on December 12, 2017, that allows women to join the Brazilian Navy. (Projeto de Lei da Câmara No. 147, de 2017 [Bill of Law No. 147/2017], ATIVIDADE LEGISLATIVA.) The new law amends Law No. 9,519 of November 26, 1997, which regulates the structure of organs […]

Brazil: Harsher Punishments for DUI

(Dec. 26, 2017) On December 20, 2017, Brazil enacted Law No. 13,546, which amends the National Traffic Code to establish harsher punishments for driving while intoxicated. (Lei No. 13,546, de 19 de Dezembro de 2017, PLANALTO; Código Nacional de Trânsito, Law No. 9,503 of September 23, 1997, PLANALTO.) The Law increases the punishment for driving […]

Brazil: New Rules Update the Criteria to Define Brain Death

(Dec. 15, 2017) On December 12, 2017, the Brazilian Federal Council of Medicine (Conselho Federal de Medicina, CFM) updated the criteria for the definition of brain death, which can now be diagnosed by more specialists in addition to neurologists. The new criteria established in Resolution CFM No. 2,173/17 (not yet available online) meets the requirements […]

Brazil: Civil Code Amended to Exclude Heirs Who Kill for Inheritance

(Nov. 21, 2017) On November 9, 2017, the Brazilian Federal Senate approved the bill of law No. 9/2017, which amends the Civil Code to allow the Public Prosecutor’s Office to request the withdrawal of inheritance rights from heirs who have been the perpetrators of intentional homicide or attempted murder against the person who left the […]

Brazil: New Rules Approved for Assisted Reproduction

(Nov. 20, 2017) The Brazilian Federal Council of Medicine (Conselho Federal de Medicina, CFM) approved on November 9, 2017, Resolution No. 2.168, which updates the rules for the use of assisted reproduction techniques. (Resolução CFM No. 2.168/2017, DIÁRIO OFICIAL DA UNIÃO [OFFICIAL GAZETTE OF THE UNION] 73 (Nov. 10, 2017), CFM website; Reprodução Assistida: CFM Anuncia […]

Brazil: Domestic Violence Law Amended

(Nov. 16, 2017) On November 8, 2017, Brazil’s Parliament passed a new law to provide for the right of women in situations of domestic and family violence to have specialized, uninterrupted police and expert assistance.  The new provisions are in Law No. 13,505, which added articles 10-A, 12-A, and 12-B to Law No. 11,340 of August 7, 2006, […]

Brazil: Possession or Illegal Carrying of Firearms of Restricted Use Now a Heinous Crime

(Nov. 8, 2017) Last month Brazil enacted a law increasing penalties for firearms violations. On October 26, 2017, Law No. 13,497 amended Law No. 8,072, of July 25, 1990 to include the crime of possession or illegal carrying of firearms of restricted use in the list of “heinous crimes.”  (Lei No. 13497, de 26 de Outubro […]

Brazil: Federal Supreme Court Authorizes Religious Education in Public Schools

(Oct. 6, 2017) On September 27, 2017, the Brazilian Federal Supreme Court (Supremo Tribunal Federal, STF) dismissed, by a majority vote (6 to 5), a Direct Action of Unconstitutionality (Ação Direta de Incosntitucionalidade, ADI)  in which the Public Prosecutor’s Office (Procuradoria-Geral da República, PGR) questioned the model of religious education in the country’s public school […]