Vulnerabilidade do adolescente sob a perspectiva do direito ao desenvolvimento sexual

Abstract

This work analyses the changes broght by the Law 12.015 of August the 7º of 2009 to the Title VI of the Brazilian Criminal Code, which ceased tho protect the customs and the public sexual morality, stanting to treat sexual dignity as a dimension of human dignity. Under a new logic of protection of sexuality, the referred statute has abolished the ancient figure of the presumption of violence in rape and established the new crime called "rape of vulnerable," which is intended for protection of vulnerable individuals against sexual violence and, for this reason, deprived of the discernment required to consent to sexual practice. Among these individuals are included adolescents under 14 years old, standing out the need to understandthe vulnerability as an attribute of the teenager, because of its special status as developing human. in need of a distinguisshed protection of their sexual dignity, heading towards the effective care of healthy and harmonious development of sexuality, which must be understood as a right of adolescents.