O estupro de vulnerável: uma análise do consentimento da vítima no ordenamento jurídico brasileiro.

Abstract

This Final Year Project addresses the delicate issue of statutory rape within the Brazilian legal framework, focusing on the impact of the victim's consent on the configuration of the crime. The analysis delves into the legislative and jurisprudential evolution related to crimes against sexual dignity, highlighting the complexity of applying Criminal Law in situations that intersect sexual freedom and the protection of vulnerable individuals. The study examines how the changes brought by Law 12.015/09 and Law No. 13.718/18 expanded protection for victims, redefining rape and introducing statutory rape as an autonomous figure in the Penal Code, which has led to intense debates about the capacity for consent and its legal implications. The main goal of this research is to investigate the adequacy of the Brazilian legal system to social transformations, aiming to ensure effective protection for victims of statutory rape without unjustly criminalizing behaviors that, although legally questionable, do not align with the notion of sexual abuse. Through bibliographic methodology, this study engages with relevant legislation, doctrine, and jurisprudence, seeking to elucidate the interpretation and application of the victim's consent in cases of statutory rape. Initial conclusions point to the need for a balance between protecting victims and preventing injustices in the application of the law, especially in cases of consensual relationships between closely aged adolescents. The study suggests that the Brazilian legal system is in a process of adaptation, seeking ways to reconcile victim protection with contemporary social and sexual realities, highlighting the complexity of consent and the importance of its contextualized consideration in judicial decisions.