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Brazil: State Law Creates Register of Pedophile Offenders

(Aug. 9, 2017) On July 31, 2017, the Governor of the State of Mato Grosso do Sul, in western Brazil, approved Law No. 5,038 on creating a State Register of Pedophiles within his state. (Cadastro Estadual de Pedófilos no âmbito do Estado de Mato Grosso do Sul). (Lei Estadual No. 5.038, de 31 de Julho de 2017, art. 1 , Governo do Estado de Mato Groso do Sul website.)  The Law was published on August 1, 2017, and will enter into force within 30 days of publication.  (Id. art. 7.)

For the purposes of the Register, a pedophile is defined as a person who has a final conviction against him or her for a crime against the sexual dignity of children and adolescents or for crimes foreseen in Law No. 8,069, of July 13, 1990, on the protection of children and adolescents.  (Id. art. 1; Estatuto da Criança e do Adolescente, Lei No. 8.069, de 13 de Julho de 1990, PLANALTO.)

Law No. 5,038 provides that the Register will have the complete personal data of all registered offenders, including a photograph and a description of the offender’s physical characteristics, the degree of kinship or the relationship between the offender and each victim, the ages of the registered person and the victim, the circumstances and place where the crime was committed, the updated address of the offender, and the history of the offender’s crimes.  (Law No. 5,083, art. 3.)

The Secretariat of State for Justice and Public Security (Secretaria de Estado de Justiça e Segurança Pública) will be responsible for overseeing the registration of the offenders and for regulating the creation and updating of the Register, the disclosure of information in it, and allowing access to the Register according to the provisions of Law No. 5,038.  (Id. art. 2.)

Citizens will have access only to the identifying information and photograph of the convicted felon, while the Civil and Military Police, Guardianship Councils, members of the Public Prosecutor’s Office and the Judiciary Branch, and other authorities may have full access to the Register, at the discretion of the Secretariat.  (Id. art. 5.)