A vítima vulnerável nos crimes sexuais

• Autor(a) principal: Almeida, Luciana Simmonds de
• Data de Publicação: 2014
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/34789
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PENAL::DIREITO PROCESSUAL PENAL; Vulnerabilidade; Tutela penal; Dignidade da pessoa humana; Dignidade sexual; Presunção de violência; Vulnerability; Penal liability; Criminal tutelage; Dignity of the human person; Sexual dignity; Presumption of violence

This paper aims to present a study on the innovations introduced by Law 12.015/2009 which amended Title VI of the Criminal Code for "Crimes Against Sexual Dignity", in particular on the new figure of the vulnerable person. To do so, we bring a brief history of sexual sociological development through the ages, as well as the approaches of the subject so distinct in different geographical areas. We also present the maturation of the penal protection of sexual crimes against sociological development focusing on the legal ward every time until today. Thus, move away from the criminal law of morals and manners, making a correlation between the Dignity of the Human Person and Sexual Dignity, which is essential for the maintenance of that. Moreover, it was proved the legitimacy of criminal law in curbing sexual violence through international conventions and the actual warrant criminalization brought by the Constitution, guaranteeing the fundamental principle of the democratic rule of law, Human Dignity. Thus, in discussing the criminal tutelage in sexual crimes due to the safeguarding of the legal ward. Once rejected the issue of the legal interest, we pointed out the vulnerability as being an innovation brought by the new law in order to avoid the discussion of the presumption of violence in sex crimes. We point out and define the various types of vulnerabilities found in the standard. During the study it was necessary to approach the figure of consent, their validity requirements and vices that make it null. With this approach the figure of the vulnerable and their ability to provide valid consent, as well as the various doctrinal and jurisprudential positions that end up revitimizando times the smallest, placing the margins of society