Relatório de estágio no Juízo Central Criminal de Lisboa.

• Autor(a) principal: Silva, Iona Saramisa Semedo
• Data de Publicação: 2023
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/163654
• topic: Abuso sexual; Consentimento; Menor; Paridade e bem jurídico; Sexual abuse; Consent; Minor; Parity and legal good; Direito

This report is the result of four months of internship carried out at the Central Criminal Court of Lisbon, under the Master's Degree in Forensic and Arbitration Law. The aim was to report experiences and knowledge acquired during the internship, accompanied by legal research contents on the subject of child sexual abuse, a topic that aroused a lot of attention when consulting court cases. With this work, it is intended to delve into the problems raised regarding the absolute presumption provided for in article 171, nos. 1 and 2 of the CP, which is due to the static age of 14 years determined by the law to assess the "consent" of a minor under 14 years of age. It is proposed to investigate sexual abuse in depth in order to apply the law in a more appropriate way, to surpass the limits of the law and to find the most adequate possible solutions. Therefore, the focus will be to analyze whether all sexual acts with minors under 14 years of age, according to the current legal rule, necessarily affect the free development of their personality. It is necessary to understand if all sexual acts with minors under 14 years of age are considered abusive, which requires a clear understanding of what abuse is and the necessary requirements for its framework. In this context, it cannot be ignored the fact that there are minors under 14 years of age who are already prepared to engage in certain sexual activities, so that it is not immediately necessary a penal intervention, on pain of unduly restricting the sexual freedom of these individuals. Thus, it becomes important to find solutions that avoid the criminalization of sexual conduct with minors under 14 years of age when there is no risk of injury to the protected legal good. It is concluded that not all sexual acts with minors under 14 years of age necessarily harm the free development of personality, reason why it is considered dangerous, both for the sexual freedom of the minor and for the image of the partner involved, the static determination of the age for the minor's agreement regarding the sexual aspect.