A configuração do crime de estupro marital nas violências sexuais em relações conjugais

• Autor(a) principal: Rosa, Luana Mesquita da
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/7599
• topic: Violência sexual; Estupro marital; Liberdade sexual; Débito conjugal

This research aims to study the crime of rape committed in the marital relationship, where the husband is configured as an active subject of such crime. It turns out that patriarchy has man as a figure of authority in the home, making women feel subordinate to them, becoming dependent on the husband. This thought reverberates until today, because in the past there was the conjugal debt, which the woman was forced to maintain sexual relations with her husband, which evidenced a condition of subordination, but there were a series of changes in the Brazilian legal system, both in the Civil Code, as in the Penal Code, in addition to creating new laws and proposals such as the Maria da Penha Law. Therefore, the objective of the study was to analyze the configuration of this crime, which is difficult to prove, since they occur with people who decided to live a life in common, which make it difficult to prove effective evidence. Since, many times, most fail to denounce, because they understand that it will be difficult to condemn the agent. According to analyzes carried out by recently published researches, the main cause for not denouncing is due to the lack of credibility of the Brazilian justice, also because the specialized police stations are not properly qualified to attend them, it is highlighted that due to the shame of being judged by society or by fear of the threats of the aggressor the victims are silent, adhering to the silence than the completion of the complaint.