The Chamber of Deputies approved on Monday (2) a bill creating the heinous crime of forced disappearance of persons, committed by state agents. The text, which goes to the Senate, provides for prison terms of 10 to 20 years and is considered ongoing until the victim's whereabouts are discovered. Lawmakers debated whether the law could affect dictatorship-era cases, but the rapporteur stated it does not retroact.
The Chamber of Deputies symbolically approved, on Monday (March 2, 2026), the bill that typifies the crime of forced disappearance as heinous. The offense is defined as the act of a public official or person with state authorization, support, or acquiescence who apprehends, detains, kidnaps, or deprives someone of liberty, in addition to concealing information about the victim's whereabouts. The text goes to the Senate after changes in the Chamber.
The base penalty is 10 to 20 years in prison, plus a fine, also applying to those who cover up or fail to provide documents to locate the victim or their remains. Even if the initial detention is legal, subsequent denial of information constitutes the crime. Penalties increase to 12 to 24 years in cases involving torture and to 20 to 30 years if it results in death. There are aggravating factors of one-third to half if the disappearance lasts more than 30 days, involves vulnerable victims such as children or the elderly, or if there is removal from the country.
The crime is permanent, consummated as long as the victim is not released or their whereabouts discovered, even after death. Presented in 2011 by then-Senator Vital do Rêgo and approved by the Senate in 2013, the bill returned to Senate analysis due to changes, such as the exclusion of crimes by armed groups. The rapporteur, Deputy Orlando Silva (PC do B-SP), stated in his vote: "The forced disappearance of persons constitutes one of the most heinous species of human rights violations. This is due to its high capacity to impose, in a continued manner, suffering, anguish, psychological damage, and uncertainties on the victims' families, as well as the surrounding community".
Opposition lawmakers, such as Deputy Domingos Sávio (PL-MG), criticized the text, stating: "They want to end the amnesty to persecute some military personnel, to torment some families, to reopen some wounds". They tried to obstruct the vote and propose amendments to exclude crimes amnestied by the 1979 Law, but they were rejected. The rapporteur countered that the law does not retroact, judging only cases that persist after its enactment. Deputy Jandira Feghali (PC do B-RJ) reinforced: "What we are discussing here is human trafficking, kidnapping of people, people who disappear within the state structure". Deputy Maria do Rosário (PT-RS) defended: "We are talking about crimes that state agents unfortunately still commit".
Orlando Silva cited Brazil's international obligation, based on the Gomes Lund Case, determined by the Inter-American Court of Human Rights, to typify the offense. Deputy Chico Alencar (PSol-RJ) mentioned examples such as the disappearances of Rubens Paiva and Stuart Angel during the dictatorship (1964-1985), and recent cases like Amarildo de Souza (2013) and Patrícia Amieiro (2008), involving state agents.
