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New Federal Law, Originating from PL 4626/2020, Increases Penalties for Abandonment of Elderly and Persons with Disabilities. Understand the Penalties, Who Can Be Held Accountable, and How to Report.
The penalty for abandonment of the elderly has been increased in Brazil. The Law 15.163/2025, enacted and published in July, amended the Penal Code and protective laws to toughen the state’s response against those who abandon or expose vulnerable individuals, including elderly parents, grandparents under legal care.
The text stems from PL 4626/2020, approved by the Chamber of Deputies and the Senate, and is now in effect. The central rule: imprisonment from 2 to 5 years, in addition to fines, for anyone who commits abandonment in the specified situations. In cases of serious injury, the penalty increases to 3 to 7 years; if there is death, it becomes 8 to 14 years.
Due to the change, behaviors that previously had penalties of 6 months to 3 years have moved to the new threshold. The declared goal of the legislature was to combat family and institutional neglect against the elderly and persons with disabilities.
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What Has Truly Changed with the New Law
The Law 15.163/2025 alters provisions of the Penal Code (arts. 133 and 136) and updates sections of the Statute of the Elderly and the Statute of Persons with Disabilities to aggravate penalties for abandonment and mistreatment. The rule of 2 to 5 years has become the standard for abandonment, with escalation based on outcomes.
In the case of the elderly, the Senate and the Planalto explain that the law addresses both direct abandonment and situations where the responsible party fails to provide essential care to those under their guardianship, vigilance, or authority. The same escalation applies when the victim is a person with a disability.
The text also aligns penalties for mistreatment and strengthens accountability in scenarios of exposure to risk. These changes correct historical asymmetries and signal penal priority to crimes against vulnerable groups.
Who Can Be Held Accountable for Abandonment of the Elderly
Accountability falls on those who have a legal duty of care and abandon the elderly or incapacitated person, including family members who assume guardianship and formal caregivers. The conduct includes leaving the elderly without assistance, food, medication, or hygiene, or failing to provide for them in institutions and health services.
If there is serious injury resulting from the abandonment, the penalty increases. In cases of death, it can reach 14 years. The escalation is already detailed in the official channels of the Senate and the federal government.
It is important to distinguish family conflicts from criminal conduct: the crime requires a situation of abandonment that exposes the victim to risk or significant deprivation, not just disagreements about care routines. The assessment is case by case by the authorities.
How to Report Abandonment of the Elderly: Official Channels
Reports can be made to Disque 100, a national 24-hour service of the Ministry of Human Rights and Citizenship. The channel receives, analyzes, and forwards reports of violations against elderly individuals for free and, if necessary, anonymously. In cases of imminent risk, also contact 190 (Military Police).
Since June 2025, the government has prioritized reports of violence against the elderly through Disque 100, with specific protocols for assistance. The ordinance reinforces the guidance to avoid re-victimization and expedite referrals. Reporting is essential to interrupt the cycle of neglect.
Elderly Councils, Specialized Police Stations, and the Public Prosecutor’s Office also accept complaints, along with municipal networks such as CRAS/CREAS. Seek local services if you need social and legal support.
PL 4626/2020: How the Project Became Law and Why the Issue Came Back to the Agenda
The PL 4626/2020 was approved by the Chamber on June 16, 2025, and sent for sanction. The motivation was the increase in cases of violence and neglect, which raised alarms in public agencies and rights councils. The sanction resulted in Law 15.163/2025, published with the new penalties.
The page of Planalto and the record from the Senate document the changes: abandonment and mistreatment with a base penalty of 2 to 5 years, aggravated by serious injury and death. The goal is to deter family and institutional abandonment, as well as facilitate police and Public Prosecutor’s actions.
For families, the message is clear: the obligation of care is legal, not just moral. Non-compliance can lead to imprisonment and fines, without prejudice to civil actions and protective measures.
How to Act If You Suspect Abandonment
To act in practice, prioritize simple and objective proof. Document photos of the environment, prescriptions and medical records, receipts for medications, hospitalization contracts, and caregiver schedules. Keep messages indicating the absence of assistance. File a police report and contact Disque 100, the Elderly Council, and CREAS, requesting a technical visit. If there is immediate risk, contact 190. Request protective measures from the Judiciary, including the obligation to ensure care and provisional guardianship in cases of incapacity. Seek assistance for the cost of care. Public Defender and Public Prosecutor’s Office can file measures at no cost.
There are limits and frequent confusion. The crime requires exposure to risk or significant deprivation. It does not confuse with legitimate choices of autonomous elderly individuals. “Emotional abandonment” is a civil and indemnity debate, not criminal. Health institutions and ILPIs are accountable when they omit minimum care. Medical records, individualized plans, and risk protocols are central to determining responsibility. Poverty and overload alone are not sufficient for criminalization and trigger the social protection network. Clear contracts, periodically reviewed care plans, and terms of responsibilities help prevent litigation.
Do you think this new law solves abandonment or just punishes after the fact? Is there a lack of long-term care policy or is imprisonment the appropriate path? Leave your comment, your perspectives help to enhance the public debate on family responsibility and elderly protection.
Interessante a boa intenção da Lei, mas o inferno também está cheio de boas intenções. A punibilidade da Lei é esquisita; se o cara vai preso como vai cuidar do idoso? Se é multado para onde vai o dinheiro? Em benefício ao idoso? Duvido, mais certo que vá encher os cofres do judiciário.
Boa tarde! Acho uma boa ideia assim os pais idosos, não ficam abandonados ,porém acho que deveriam ser monitiradis para ver se os filhos estão cuidando realmente..parabéns
Minha mãe tem 85 anos e mora comigo, mas não me obedece, só faz o que quer, se eu falo alguma coisa, sempre é para proteger, ela começa a gritar e nunca né atende, comi a gente cuida de uma pessoa assim ?
Acho que devia ter creche pra gente deixar o idoso, pra podermos trabalhar ou fazer alguma coisa tranquilos tbm ne , uma creche ajudaria muito