Mudança da ação penal para os crimes contra a dignidade sexual

• Autor(a) principal: Saul, Keilla Silveira Feliciano
• Data de Publicação: 2020
• 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/15506
• topic: Ação Penal; Crimes Contra a Dignidade Sexual; Jus Puniendi Estatal

The present work has as its theme the change of criminal action in crimes against sexual dignity, according to law 13.318/2018. The objective is to demonstrate whether the new wording of Article 225 of the Penal Code favors victims of sexual violence, and whether the state has the autonomy to investigate and denounce the agents committing crimes of this nature, without any kind of consent of the victim. Analyzing the right of Jus Puniendi State in return for the right to private life of the victim. The method of approach will be qualitative deductive, aiming to preponder the rigorous examination of nature and interpretations on the subject. Regarding the procedure of data collection of the research, the bibliographic and documentary form was used. The exhibition of the work begins with the approach of crimes against sexual dignity provided for in the Penal Code. It follows with definition of criminal action, its species, constitutional provision, conditions and principles. Finally, the criminal proceedings are presented in crimes against sexual dignity, the legislative changes of Law 12.015/2009 and later with Law 13.718/2018, in which it established that crimes against sexual dignity should be prosecuted through unconditional public prosecution, leaving the victim without the autonomy to decide on denunciation of the crime, while the State is under the maximum authority of Jus Puniendi in relation to the private life of the victim. The choice of the theme is justified due to its current situation, since few are exposed to the change of criminal action in crimes against sexual dignity.