Law 9455/97: Crimes of Torture

• The text discusses extravagant laws and focuses on Torture Law 9455/1997.

Crimes of Torture (Law 9455/97)

• Torture involves subjecting someone, under guard, power or authority, to intense physical or mental suffering through violence or serious threat. It is used as a form of personal punishment or preventative measure.
• Punishment includes imprisonment from 2 to 8 years.
• The same punishment applies to anyone who subjects a prisoner or person under security measures to physical or mental suffering through acts not prescribed by law or resulting from illegal measures.
• Torture by omission occurs when someone fails to act in the face of such conduct, despite having the duty to prevent or investigate it.
• The punishment for torture by omission is detention from 1 to 4 years.
• Torture is a common crime, meaning any person can be an active subject.
• Torture as punishment is the exception and is considered a specific crime.
• Torture is defined as compelling someone with violence or serious threat, causing physical or mental suffering.
• Torture to prove involves obtaining information or a confession from the victim or a third person.
• Torture as a crime involves provoking action or omission of a criminal nature.
• The purpose of torture is to coerce someone into committing a crime.
• Victims are not responsible for coercion moral irresistible.
• Torturers are held accountable for torture in conjunction with any crime eventually committed.
• Torture can be motivated by prejudice based on racial or religious discrimination.

Progression of Regime

• If the torturer is a first-time offender, progression of regime requires serving 40% of the sentence, or 50% if the result is death.
• For repeat offenders, 50% of the sentence must be served without a resultant death, or 70% with a resultant death before progression.
• Commanding or leading a criminal organization for the practice triggers aggravated or equivalent crime
• Requiring 50% of the penalty to be served before progression.
• Torture Law applies even if the crime did not occur in national territory, if the victim is Brazilian or the agent is found in a place under Brazilian jurisdiction.
• Example: If a Bolivian resident practices torture against a Mexican resident and escapes to Brazil, Brazilian Law applies.

Other details

• No one shall be subjected to torture or inhumane, or degrading treatment.
• Article 5 of the Federal Constitution establishes an absolute right.
• Torture is an unbailable crime that has and is unsusceptible to a plea bargain.
• Protected Legal Right: the dignity of the human person
• Any person can be the active subject of torture, making it a common crime.
• The passive subject is the individual against whom torture is applied.
• The initial regime includes closed for principle torturers, and open or semi-open for torturers by omission

Questions

• The practice is a crime against International and internal Law, according to the Convention against Torture and Law 9.455/97 which defines and punishes torture where will the mandators and enforcers be held liable?
• Law 9.455 of April 7, 1997 considers torture: any person who subjects someone under their custody.
• According to Law 9.455/97, crimes of torture will not admit Grace.
• Acting against children, pregnant women, and people over 60 doesn't increase the penalty for torture.
• Regarding Law 9.455/97, depriving a food a person under your guardianship is a form of torture categorized as "torture-punishment."
• It is a crime of torture to constrain someone with violence or serious threat, causing physical or mental suffering.
• If they omit to face such conduct, despite having the duty to prevent or investigate it, incurs the penalty of crime of torture.
• Lindomar commits the act of torture, as a public agent and is convicted to four years of imprisonment; his actions will lead to losing his assignment and interdiction of his practice for the next eight years.
• Torture-punishment requires a relationship of guard, power, or authority between the active and passive subject.
• Abusing animals doesn't constitute crime of torture, according to Law 9455/97

Assertions

• In Brazil, the practice of torture isn't allowed for police investigation, and Public servers don't lose their assignment, even under due process.