Crimes Against the Family Flashcards

Flashcards covering the legal definitions, specific articles of the Brazilian Penal Code, and requirements for Crimes Against the Family.

Crimes against the family

Crimes listed in Arts. 235 to 249 CP that protect the legal organization of the family, including marriage, filiation status, family assistance, and parental power.

Bigamy (Art. 235)

The crime committed by a married person who contracts a new marriage while their first marriage is still legally valid, punishable by 2 to 6 years of imprisonment.

Principle of Monogamy

The legal principle protected by bigamy laws, referring to the matrimonial structure adopted by the legal system.

Crime Próprio (Specific Crime)

A classification for bigamy because the perpetrator must possess the specific characteristic of being legally married.

Art. 235, §1º of the CP

The provision stating that an unmarried person who knowingly marries a married person also commits a crime, with a penalty of 1 to 3 years.

Erro de Tipo (Mistake of Fact)

A situation where a person lacks the knowledge of an existing marriage bond (e.g., believing a false divorce document), which may negate criminal intent (dolo).

Contrair (To Contract)

The specific verb/action required for bigamy; it requires formal marriage and is not satisfied by dating, stable unions, or concubinage.

Religious marriage with civil effects

A religious ceremony that can configure bigamy if it is legally recognized with the same weight as a civil marriage.

Instantaneous crime

A classification for bigamy because it is consummated the moment the formal declaration of the second marriage occurs.

Questão Prejudicial (Art. 92 CPP)

The legal concept applied if a first marriage is annulled for any reason other than bigamy, causing the crime of bigamy to be considered non-existent.

Essential error and concealment of impediment (Art. 236)

Inducing someone into an essential error or hiding a legal impediment to marriage (other than a prior marriage).

Ação penal privada personalíssima

The specific type of legal action for Art. 236, meaning only the aggrieved party can initiate the case.

Parto suposto

The act of attributing the birth of another woman's child as one's own.

Adoção à brasileira (Art. 242)

Registering someone else's biological child as one's own child in the civil registry.

Perdão judicial (Judicial Pardon)

A legal exemption that may be granted in 'Adoção à brasileira' cases if there is a 'recognized noble motive' or in specific Art. 249 cases.

Abandono material (Art. 244)

Failure to provide subsistence, without just cause, to a spouse, minor/unfit children, or invalid/elderly parents.

Justa causa (Just cause)

A necessary element to analyze in abandonment cases; for example, a total lack of financial resources may serve as a justification for non-payment.

Abandono intelectual (Art. 246)

Failure to provide primary instruction (compulsory basic education) to a school-age child without just cause.

Entrega de menor a pessoa inidônea (Art. 245)

Consciously handing a child or adolescent over to someone who poses moral or material danger.

Subtração de incapazes (Art. 249)

Removing a minor under 18 or an interdicted person from the legal authority of their guardian.

Crime de ação múltipla (Multiple action crime)

A term for Art. 248 because it contains several distinct conducts: inducing flight, arbitrary delivery, or withholding an incapable person.

Induzimento a fuga (Inducement to flight)

Convincing or influencing a minor or incapable person to run away, even if they leave on their own.

Entrega arbitrária (Arbitrary delivery)

Entrusting a minor or incapable person to a third party without the authorization of the legal guardian.

Sonegação de incapaz (Withholding of incapable)

An omissive conduct where a person refuses to return a minor or incapable person to the individual who has the legal right to receive them.

Poder familiar

The modern term for parental authority, which the CP still occasionally refers to as 'pátrio poder'.

Adultério (Adultery)

A conduct that is no longer a crime in Brazil, having been revoked in 2005 by Law No. 11.106/2005.