Brazil is a constitutional, multiparty republic governed by a democratically elected government. In 2018 voters chose the president, the vice president, and the bicameral national legislature in elections that international observers reported were free and fair.
The three national police forces – the Federal Police, Federal Highway Police, and Federal Railway Police – have domestic security responsibilities and report to the Ministry of Justice and Public Security (Ministry of Justice). There are two distinct units within the state police forces: the civil police, which performs an investigative role, and the military police, charged with maintaining law and order in the states and the Federal District. Despite the name, military police forces report to the Ministry of Justice, not the Ministry of Defense. The armed forces also have some domestic security responsibilities and report to the Ministry of Defense. Civilian authorities at times did not maintain effective control over security forces. There were credible reports that members of the security forces committed numerous abuses.
Significant human rights issues included credible reports of: unlawful or arbitrary killings by police; harsh and sometimes life-threatening prison conditions; arbitrary arrest or detention; violence against journalists; widespread acts of corruption by officials; lack of investigation of and accountability for violence against women; violence or threats of violence motivated by anti-Semitism; trafficking in persons; and crimes involving violence or threats of violence targeting members of racial minorities, human rights and environmental activists, members of racial and indigenous groups and other traditional populations, and lesbian, gay, bisexual, transgender, queer, or intersex persons.
The government prosecuted officials who committed abuses; however, impunity and a lack of accountability for security forces was a problem, and an inefficient judicial process at times delayed justice for perpetrators as well as for victims.
Section 6. Discrimination and Societal Abuses
Birth Registration: Citizenship is derived from birth in the country or from birth to a Brazilian citizen parent. Parents are required to register their newborns within 15 days of the birth or within three months if they live more than approximately 20 miles from the nearest notary. Nevertheless, many children did not have birth certificates.
Child Abuse: The law prohibits child abuse and negligence, but enforcement was often ineffective, and abuse was widespread. According to data from the National Human Rights Ombudsman, in the first six months of the year, the country registered 47,416 reports of crimes against children and adolescents, compared with 53,525 in the first half of 2020. Of these, 121 were from mistreatment, and 52 were from sexual abuse, such as rape or harassment. The total number of reports in 2020 was 124,839 – a 47 percent increase over 2019 – and experts suspected that pandemic closures resulted in significant underreporting.
Child, Early, and Forced Marriage: The legal minimum age of marriage is 18 (or 16 with parental or legal representative consent). The practice of early marriage was common. A study of child marriage in the northeastern states of Bahia and Maranhao found that pregnancy was the main motivation for child marriage in 15 of 44 cases. According to a 2020 UNICEF report, 26 percent of women between the ages of 20 and 24 were married by age 18.
Sexual Exploitation of Children: Sexual exploitation of children, adolescents, and other vulnerable persons is punishable by four to 10 years in prison. The law defines sexual exploitation as child sex trafficking, sexual activity, production of child pornography, and public or private sex shows. The government enforced the law unevenly. The law sets a minimum age of 14 for consensual sex, with the penalty for statutory rape ranging from eight to 15 years in prison.
The Alagoas state government invested in campaigns to raise public awareness of the increase of sexual abuse of children and adolescents, largely within the same family, during the pandemic. From January to March, 211 cases of child sexual abuse were registered in the state, an increase from 186 during the same period in 2020.
In Maranhao State, the Department of Health Care for Children and Adolescents carried out a campaign with the theme “You report it, we take care of it” to improve assistance for victims of child sexual abuse. The state registered 99 cases of pregnant children younger than age 14 in 2019 and again in 2020.
The country was a destination for child sex tourism. While no specific laws address child sex tourism, it is punishable under other criminal offenses. The country was a destination for child sex tourism. In addition girls from other South American nations were exploited in sex trafficking in the country.
The law criminalizes child pornography. The creation of child pornography carries a prison sentence of up to eight years and a fine. The penalty for possession of child pornography is up to four years in prison and a fine. In June the Ministry of Justice coordinated Brazil’s participation, carried out by state civil police forces, in an international operation to combat crimes of child sexual abuse and exploitation on the internet. The operation carried out 176 search and seizure warrants in 18 states and five countries and resulted in the arrests of 39 individuals in Brazil.
Displaced Children: According to UNICEF, in 2020 refugee support organizations identified more than 1,577 unaccompanied Venezuelan children and adolescents in Pacaraima, Roraima State, and in the first three months of the year the number reached 1,071. According to civil society contacts, some of these minors were at risk of being trafficked or sexually exploited. Local child protection services offices act as legal guardians so unaccompanied adolescents can go to school and obtain identification papers to access the public health system. In some areas, however, they could not accommodate the influx of children. State shelters in Roraima, the state where most migrants entered the country, could house a maximum of 15 adolescent boys and 13 adolescent girls. According to a 2019 Human Rights Watch report, some unaccompanied children ended up living on the streets, where they may be particularly vulnerable to abuse or recruitment by criminal gangs.
International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.
Persons with Disabilities
The law prohibits discrimination against persons with physical and mental disabilities, and the federal government generally enforced these provisions. While federal and state laws mandate access to buildings for persons with disabilities, states did not enforce them effectively. The law requires private companies with more than 100 employees to hire 2 to 5 percent of their workforce from persons with disabilities. According to the 2010 census, only 1 percent of those with disabilities were employed.
The Inclusion of Persons with Disabilities Act, a legal framework on the rights of persons with disabilities, seeks to promote greater accessibility through expanded federal oversight of the City Statute (a law intended to foster the safety and well-being of urban citizens, among other objectives). The act also includes harsher criminal penalties for conviction of discrimination based on disability and inclusive health services with provision of services near residences and rural areas.
The National Council for the Rights of Persons with Disabilities and the National Council for the Rights of the Elderly have primary responsibility for promoting the rights of persons with disabilities. The lack of accessible infrastructure and school resources significantly limited the ability of persons with disabilities to participate in the workforce. Data released by the Brazilian Institute of Geography and Statistics in August revealed that individuals with a disability were less likely to complete education at all levels. More than half of individuals with a disability, 67 percent, had no education or incomplete primary education, compared with 31 percent of those with no disability. Similarly, only 16 percent of persons with disabilities completed high school, compared with 37 percent of persons without disabilities. Five percent of the disabled population older than age 18 had a complete higher education, while 17 percent of those without disabilities did.
Civil society organizations acknowledged monitoring and enforcement of disability policies remained weak and criticized a lack of accessibility to public transportation, weak application of employment quotas, and a limited medical-based definition of disability that often excludes learning disabilities.