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New Legislation Sanctioned by President Lula Increases Penalty When Consumption of the Substance by Children or Adolescents Is Proven, Altering the Child and Adolescent Statute (ECA).
According to information released by Agência Brasil, President Luiz Inácio Lula da Silva sanctioned the new Law 15.234/2025, which toughens the penalties for those who provide alcoholic beverages or other products that cause dependency to minors under 18. The measure, published in the Official Gazette of the Union this Wednesday (8), represents a significant change in the Child and Adolescent Statute (ECA), creating a new factor for calculating the penalty.
The main impact of the new law is the introduction of a direct aggravating factor related to the actual consumption of the substance by the minor. Previously, the act of selling, providing, serving, administering, or delivering the product already constituted the crime. Now, if it is proven that the child or adolescent actually consumed the item, the penalty for the responsible party will become more severe, reflecting the materialization of harm to health.
What Changes in Practice with the New Legislation?
The change brought about by Law 15.234/2025 directly affects Article 243 of the Child and Adolescent Statute. The previous legislation already established a penalty of detention of 2 to 4 years, in addition to a fine, for those who delivered prohibited products to minors. This base penalty remains, meaning that the simple act of providing the beverage continues to be a crime, regardless of whether the minor consumed it or not.
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The significant change is the creation of a mechanism that allows the judge to increase this base penalty. According to the text sanctioned and released by Agência Brasil, the penalty will be increased by one third (1/3) to half if it is proven that the child or adolescent actually ingested the alcoholic beverage or used the product that causes dependency. In a statement, the Presidency explained that, with the change, the judge can “increase the penalty based on the intensity of the harm caused”.
What Is the Objective and Scope of Law 15.234/2025?
The central purpose of Law 15.234/2025 is to reinforce the protection of the physical and mental health of children and adolescents. By differentiating the punishment, the legislator seeks to discourage not only the offer but mainly the conduct that leads to consumption and, consequently, to real and immediate harm. The measure acknowledges that the effects of alcohol and other substances with the potential to cause dependency are especially harmful in developing organisms, justifying a harsher response from the justice system.
It is essential to highlight that the law covers a broad spectrum of responsible parties and situations. The penalty applies to anyone who “sells, provides, serves, administers, or delivers” the prohibited products, including merchants, establishment employees, and even adults in private settings. The legislation is clear in stating that delivery, even if for free, constitutes the crime, dispelling the notion that only commercial transactions are punishable. The responsibility lies with all who facilitate minors’ access to these substances.
The sanction of the Law 15.234/2025 represents an important step in tightening the rules for protecting minors in Brazil, aligning the legislation with a growing concern about the risks associated with early alcohol consumption. The new rule provides the judiciary with a more precise tool for determining penalties according to the severity and concrete outcome of the criminal action, reinforcing the message that society and the state will not tolerate behaviors that endanger the healthy development of their children and adolescents.
Do you agree with this change? Do you think it impacts the market? Leave your opinion in the comments; we want to hear from those who experience this in practice.
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