O novo crime de estupro em seus principais aspectos penais

• Autor(a) principal: Nazar, Lígia Maria de Oliveira
• Data de Publicação: 2011
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/5524
• topic: Dignidade sexual; Brasil -- [Lei n. 12.015, de 7 de agosto de 2009]; Assedio sexual; Estupro; Processos (Estupro); Rape; Sexual dignity; Law n° 12.015/09; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

Similarly to other legal goods treated in our criminal order, sexual dignity, when violated, demands the perfect application of the existing law, using the provisions which can be found in the Criminal Code, Title VI. Recently, the above mentioned Title has been significantly modified by the Law n° 12.015, published on the August 7, 2009. There has been a substantial change in the legislative discipline concerning the sexual felonies in Brazil. Title VI's previous denomination of"Sexual Felonies" has been changed to "Sexual Dignity Felonies"; articles 214 and 224, both from the Penal Code, have been revoked; the concepts of violent attempt against modesty and rape have been fused in one criminal device; there has been a magnifying of the passive pole related to the rape crime; there has been the creation of a new felony, which is the rape of people under vulnerable conditions (article 217-A); the insertion of a new Chapter (VII) foreseeing new situations which could demand the increase of the penalty; and many other articles have been written differently. Analyzing the context in which these changes took place as a starting point, this research aims, by means of historical analyses and comparison with other countries' legal discipline, to examine the main criminal aspects of the rape crime in the revised criminal code, without the pretension to exhaust the subject, for endless are the discussions about it, be in the doctrine, be in the jurisprudence. This theme was chosen given the rarity of theoretical analyses of the changes proposed by the Law n° 12.015/09 and the desire to contribute to reflections and discussions about this subject. Although the main objective of this study is to do another reading of what was written about before, incidentally the essay proposes to discuss the positives and negatives aspects of the legislative reform in the rape crime. To this purpose, research was performed on doctrinal and jurisprudential issues analyzed. The conclusion of this dissertation reflects only the research and the approach of the mains aspects that guide the protection of the sexual dignity concerning the felony of rape in its new disposition