The law makes no distinctions between sexual orientation cases.
In any case, only individuals aged 18 or older can be legally charged, since this is the Brazilian age of criminal responsibility according to the Federal Constitution, Article 228.
On March 2005, the crime of seduction of minors (Article 217 of the then Penal Code) was abolished by the Brazilian Congress.
It was applicable only when the victim was a virgin woman between 14 and 18.
The restrictions mentioned above (for ages between 13 and 16) apply whenever someone over 18, taking advantage of the sexual immaturity of the minor or of his/her superiority (preeminencia) with respect to the minor, practices one of the following acts: (Arg.
Other variables, for example close-in-age exemptions, may exist and are noted when relevant.
In South America, the only country where male same-sex sexual conduct is illegal is Guyana, and the only countries with a higher age of consent for same-sex sexual relations than opposite-sex ones are Chile and Paraguay.
Below is a discussion of the various laws dealing with this subject.
The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another who is also at or above that age.
Sex with young adolescents aged 12 or 13, although under the age of statutory rape, were then also prosecuteable only by parents (Article 225) (see old version of the 1940 Penal Code here – in Portuguese), while sex with those younger than 12 was prosecuted by the State based on the legal definition of child (Article 2nd of the Code of Minors).