Torture Law: Learn and understand how the torture law works in the country

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According to the Brazilian constitution of 1988, the Torture Law became a reality in the country, determining rules and punishments for those who torture people.

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Despite being cited in the Constitution, this law only became regulated in 1997, through law 9,455 .

This law is of great importance after more than 20 years of a dark military dictatorship that claimed the lives of thousands of people.

During the regime, people were persecuted and illegally arrested, and tortured, many to death.


We currently see cases of torture caused by police officers overseas chinese in australia data or criminals, who, using force and power in weapons, torture innocent people in search of information, money or the pleasure of seeing human suffering.

To ensure that cases like these become fewer and fewer, the law on torture exists and today we will talk a little about its legal importance .

What is the Torture Law in Brazil?
Promulgated on April 7, 1997, Torture Law 9,455 was created in Brazil with the aim of punishing and ending any type of torture crime practiced in national territory.

Until the law was created, the 1988 Federal Constitution did not define torture as a specific crime with exclusive punishment. Today, torture is considered a heinous crime and unacceptable in a democratic state governed by the rule of law.


According to the law, the Torture Law guarantees security to all people regarding this crime and anyone who commits it can be sentenced to up to 21 years in prison.

The law was already under development when the Favela Naval case occurred in 1997.

In that episode, a resident of Favela Naval in Diadema, a city in Greater São Paulo, ended up filming the torture practice of military police officers against local residents.

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The report was shown on major news programs at the time and identified all the police officers involved, revealing a scheme of bribery, torture and the death of enemies.


From then on, the Torture Law became even more important to prevent people like those residents from being tortured and their tormentors from going unpunished.

But the law of torture has an even longer and sadder history, which dates back to the time of the Military Dictatorship , as we will see below.

Torture during the 1964 Military Dictatorship
Brazil has a long history of torture cases, mainly during the military dictatorship that lasted from April 1, 1964 until March 15, 1985.

During the regime, it is estimated that more than 2,000 people were tortured as a way of obtaining information about communists and other minority groups persecuted by the regime.


According to NEV/USP - USP Center for Violence Studies , the military used around 283 different forms of torture to obtain information and cause suffering to people considered revolutionary and dangerous.

The most cruel forms of torture used by the regime include tying testicles with string and hanging them from bricks, beating the genitals with truncheons and using pliers to remove nails and teeth in cold blood.

Women and children also suffered torture such as rape, suspension on a parrot's perch and electric shocks all over their bodies.

During that time, the DOI-CODI - Information Operations Detachment and Internal Defense Operations Center, led by Colonel Carlos Alberto Brilhante Ustra, tortured thousands of people, many of whom were put to death.


According to the NEV/USP report , at least 1,918 people considered political prisoners during the dictatorship claimed to have faced all types of torture.

The idea of ​​torture was a way of eliminating opponents of the regime and ensuring control over the perspective and strong hand of the military.

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With the end of the regime in the 1980s, in the following years there was a need for laws to punish and prevent acts of torture.

Unfortunately, this type of crime still occurs and is not just a part of history, with the law created in 1997 as a way to prosecute and guarantee greater security and human rights for all people.


In the 2000s and 2010s, through the Truth Commission, it was possible to investigate and award compensation and condolences to people who suffered torture and death during the dictatorship. We will discuss this in more detail below.

What was the CNV-Truth Commission?
The CNV - Truth Commission was a political collegiate that was formed during the government of then president Dilma Roussef, which had the objective of investigating all crimes committed during the Military Dictatorship.

The acting president at the time was herself a victim of torture and sought in her government to ensure that the families of those who disappeared and were imprisoned under the regime received compensation for the crimes committed, in addition to condolences recognized by the country.

The CNV believes there were almost 500 deaths, but the number could be higher when documents of those who disappeared under the regime are added.


Currently, the CNV no longer exists, but studies and searches for the missing continue, as their whereabouts are uncertain and families continue to search for answers.

The CNV was founded on November 18, 2011 and dissolved on December 16, 2014. In addition to investigating torture during the military regime, it also investigated crimes against human rights from 1946 onwards during the Vargas Era.

How important is the Torture Law?
Since the Torture Law was created, many criminals have been arrested and crime has been curbed to a certain extent, however, unfortunately, this is a method still widely used by corrupt police officers and organized crime.

Torture always has the purpose of frightening, coercing, injuring close to death and in this way, obtaining information or forcing the execution of specific activities.


This is a law of great importance in Brazil, as it gives all citizens the right to human dignity, regardless of their situation, whether that person is a confessed criminal or not.

If you study law and want to learn more about this subject and other laws, take the course on Torture Law . In this course, you will learn about amnesty and pardon, torture by omission, the effects of conviction, non-bailability and much more.