Relativização da vulnerabilidade do maior de doze e menor de quatorze anos no crime de estupro de vulnerável

• Autor(a) principal: Biazus, Ana Caroline Fante
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório da Faculdade de Direito de Vitória
• Texto Completo: http://191.252.194.60:8080/handle/fdv/338
• topic: Estupro de Vulnerável; Lei 12.015/09; Estatuto da Criança e do Adolescente; Consentimento; Relativização; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The Brazilian Penal Code aims, mainly, to protect the legal assets of all individuals in society, and is composed of a list of crimes, among which, in most cases, sanctions are awarded if practiced. The crime of rape has been recognized since the beginning of the Criminal Law and was last drafted with the enactment of Law 12,015 in 2009, in which it significantly altered several points of the aforementioned Penal Code, originally created in 1940, also inaugurating crime of rape of vulnerable, provided for in article 217-A. With the promulgation of the aforementioned article, several questions have been raised regarding the cases in which the consent of the taxpayer, over 12 and under 14, occurs before the practice of libidinous acts with the active subject. It is emphasized that such a situation is present in the daily life of today's society, in view of the development of the cultural and educational precepts of adolescents, thus generating a disparity between what was covered by the aforementioned Law of 2009 and the Statute of the Child and Adolescent (ECRIAD). Throughout this work, all of these notes will be thoroughly analyzed, as well as the demonstration of the conflict generated between Law 12.015 / 09 and ECRIAD and the need to analyze each concrete case for law enforcement, through judgments exhausted by Brazilian Courts. In addition, the methodology used in this work is the dialectic, in which it aims to identify the internal procedures, through its details, accompanying the social reality and all its changes, with the main assumption of updating. Finally, dialectical methodology seeks results for conflicting ideals within a grand procedure. In the face of such controversy between the provisions of the legislation, it is understood that it is unfair to attribute the sanction to the active subject of a certain libidinous act in which the taxpayer expressly consented and voluntarily with the occurrence of the same, still disregarding the duties and rights of the adolescent present in ECRIAD.