A reforma do código penal pela lei 12.015/2009 e sua condição mais benéfica para o agente que comete o crime de estupro

Abstract

In the present study a monograph on the recent modifications of the Criminal Code arising from the Brazilian Law 12,015 of August 7, 2009, particularly with regard to the crime of rape. Our aim was to analyze the main legislative changes most beneficial to the accused when there was a junction in the same criminal offense has to be rape and indecent assault. We demostrate that the new criminal offense has to be understood as an alternative mixed type, while crime has become a multi-action, or content varied, although there is a minority that believes to be a mixed type cumulative and shall incur the contest yet crimes to the agent who commits, with independent designs, carnal knowledge and one indecent assault. Finally, when comparing the old wording of the crimes of rape and indecent assault with the new text, we realize it is a legislative novatio in mellius therefore should retroactive to cases tried to achieve and that are in progress, provided that imputed to the agent the feathers of Articles 2130and 2014 (repealed) of the Criminal Code on crimes tender material.