TJMG records 41 acquittals due to distinguishing in vulnerable rape cases between 2022 and 2026

Tribunal of Justiça of The survey identified 58 cases in which the thesis was debated simultaneously with the terms rape and vulnerable between 2022 and 2026. In 17 situations the defendants were not acquitted for procedural reasons or due to the absence of specific requirements. The judges who worked on the case involving a 12-year-old teenager in Indianópolis also participated in other similar trials.

The technique allows judges to recognize consolidated precedents but identify relevant differences in the specific case to adopt a different understanding. The legislation considers it a crime to commit sexual intercourse or a libidinous act with a minor under the age of 14, regardless of consent or emotional ties. Superior Tribunal of

• The crime is defined by the age of the victim under 14 • Vulnerability is assumed absolutely by the law • Precedentes superiors guide the uniform application of the rule

The initial decision in the case of Indianópolis was reversed upon appeal by Ministério Público. The rapporteur accepted the embargoes and reinstated the 35-year-old man’s conviction.

Court registered 58 judgments with the legal thesis

The analyzed collection covers judgments handed down by the criminal chambers of the TJMG. The terms vulnerable rape and distinguishing appeared together in 58 decisions in the period.

Forty-one of them resulted in the defendants’ acquittal based on the application of the technique.

Distinguishing concept allows case-by-case analysis

Distinguishing consists of the possibility for the judge to stop applying a previous decision when the case presents its own characteristics. The judge recognizes the existence of rules established by higher courts.

He assesses which particularities justify different treatment. The practice is provided for by law and does not constitute a procedural irregularity.

Common justifications in acquittal decisions

Consensual emotional bonding was cited in several rulings as a differentiating element. Convivência similar to marriage also appeared as a central argument.

The victim’s physical appearance and supposed maturity were mentioned in some judgments. Formação of family with the consent of family members integrated the justifications presented.

Superior Tribunal’s understanding of Justiça on the topic

Súmula 593 establishes that consent does not eliminate the crime of vulnerable rape for children under 14 years of age. The statement considers previous sexual experience or romantic relationships to be irrelevant.

The rule protects the physical and mental integrity of the child regardless of any expression of will. Tribunais superiors reinforce the absolute presumption of vulnerability due to age.

The STJ has already admitted distinguishing in situations with minor age differences and other specific elements in isolated cases. The application requires strict factual identity between the precedent and the current judgment.

Judges in the case of Indianópolis worked in other trials

Magid Nauef Láuar acted as rapporteur in Indianópolis’s case and voted for the initial acquittal. Ele participated in three other judgments in the survey in which he maintained convictions.

Walner Barbosa Milward of Azevedo was part of the majority that acquitted the 35-year-old defendant. The judge acted as a reviewer in twelve cases and voted for acquittal in nine of them.

Karin Emmerich presented an unsuccessful vote in the case of Indianópolis. Ela was against the acquittal in seven cases in which distinguishing was discussed and acted as rapporteur in two of them.

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Twist in the trial involving a 12-year-old teenager

The 9th

Ministério Público filed a motion for clarification with infringing effects. The reporting judge accepted the appeal on February 25, 2026 and reinstated the first instance conviction.

Arrest warrants were issued after the monocratic decision. The victim’s mother also had her acquittal reversed in the same trial.

The case was processed on Comarca of Araguari with facts occurring on Indianópolis on Triângulo Mineiro. The teenager was 12 years old in 2024 when the facts were reported.

Detailed explanation of the vulnerability presumed by law

Article 217-A of Código Penal classifies sexual intercourse or another libidinous act with a minor under the age of 14 as rape of a vulnerable person and provides for a prison sentence of eight to fifteen years. The norm establishes an absolute presumption of vulnerability based exclusively on the victim’s age.

Any manifestation of consent has no legal relevance to rule out the crime. The law protects the physical and mental development of children and considers that they do not have full capacity to decide on sexual acts.

The STJ consolidated this understanding in Súmula 593 published in 2017 to standardize national jurisprudence. Decisões that use distinguishing seek to identify factual differences that justify departure from precedent but must respect the limits of the criminal law.

In analyzed rulings there are arguments about early dating with mutual respect and family formation. Outros highlight reduced age difference or the birth of a child together as singular elements.

The victim’s physical appearance and the defendant’s perception of adulthood were also recorded in some trials. Experiências The teenager’s previous sexual relationships appeared as a maturity factor in certain decisions.

The TJMG issued an official note clarifying that the distinction technique is applied when the specific case presents particularities that make it unique. Cada process is examined individually by a panel of judges with decision-making autonomy.

The court highlighted that in 2025 alone, more than 2.3 million decisions were handed down in the first and second instances. The volume includes extensive agendas from the nine criminal chambers that judge cases of sexual violence against children and adolescents.

The keyword search represents a small portion of the total collection and confirms the exceptional application of the technique according to the institutional note. Judiciário from Minas Gerais processes millions of lawsuits over the years with individualized analysis of the evidence and the law.

Official court note on the use of the technique

The TJMG reinforced that distinguishing occurs in processes of different natures when there is a discussion about precedents or superior precedents. The application depends on the peculiarities of each case.

The court maintains the autonomy of the chambers to decide in light of the legislation and the body of evidence.

The national inspector of Justiça Mauro Campbell requested action from the TJMG and the reporting judge to provide information within five days.