Sex with young adolescents aged 12 or 13, although under the age of statutory rape, were then also prosecuteable only by parents (Article 225) (see old version of the 1940 Penal Code here – in Portuguese), while sex with those younger than 12 was prosecuted by the State based on the legal definition of child (Article 2nd of the Code of Minors).
As an exception, the State could prosecute the offender when the minor was at any age below 18 but only when the family of the minor was so poor that they couldn’t afford a lawsuit (Penal Code, article 225, I) or when the offender was the father, mother, stepfather, stepmother or legal guardian of the minor (Penal Code, article 225, II).
The below is a list of all jurisdictions in South America as listed in List of sovereign states and dependent territories in South America.
In South America, many countries have different levels of protection or of restriction for sexual activities with minors.
This figure establishes some limitations to sexual contacts with children older than 14 and younger than 18 years old.
The estupro legislation (Article 363) defines four situations in which sex with such a children can be declared illegal even if the minor consented to the relationship (non-consensual sex with anyone older than 14 y.o.
There is also a further Argentine law, 'Corruption of minors', which can bring charges to those manipulating minors below the age of 18 into having sexual relations - (Argentine Penal Code Article 125 - in Spanish). - El que promoviere o facilitare la corrupción de menores de dieciocho años, aunque mediare el consentimiento de la víctima será reprimido con reclusión o prisión de tres a diez años. - Anyone who promotes or facilitates the corruption of persons under eighteen, even with the consent of the victim shall be punished with seclusion or imprisonment of three to ten years.
None of these laws explicitly outlaws such relations, but makes them open to prosecution under certain circumstances (such as if the relation is considered exploitative or if the minor was "corrupted").
Restrictions apply for sex with adolescents between the ages of 13 and 16 (Argentine Penal Code, Article 120).
The law makes no distinctions between sexual orientation cases.
In any case, only individuals aged 18 or older can be legally charged, since this is the Brazilian age of criminal responsibility according to the Federal Constitution, Article 228.
Other articles within the penal code regulate other sexual interactions (Articles 365 bis, 366, 366 bis, 366 ter, 366 quarter).