Dos crimes contra a liberdade sexual: a perícia médico-legal no processo penal

Abstract

This work detaches the several aspects to be observed and understood by the operators of the Law that will make use, in the exercise of his/her activity laboral, of the decisions generated at the Medical Examiners Offices (MEO) for the doctor-jurists (official experts of the State) in what it concerns to the crimes against the sexual freedom described in the effective Criminal Code. Law and Medicine, as demonstrated here, communicate and they serve as reciprocal support for the growth of both. The sexual freedom is among the warranties protected by the State. The right of choosing his/her affectionate partner, of disposing of the own body with to reach the sexual pleasure or to satiate one of the most primitive instincts of any alive being, which it is, the one of procreating - it should be valued and guaranteed for the State in the measure of the mutual respect and healthy social coexistence. It is necessary to recognize that life in society demands a complexity of disciplinary norms, generating a juridical system, that establish indispensable minimum rules to the conviviality among the members of a group socially organized. The Penal Law, also denominated Criminal Law, with foundation in the public and individual shame and assisting to the effective ethical-social beginnings to avoid facts to contradict them, it looks for protecting the individual in his/her maturity and sexual freedom. Several and different are the phases and instruments procedural, included the possible resources, that seek to render the penal persecucion of State with the mark of guaranteeing the social peace. In face of the exposed, the Penal Procedural Law rises, in that way, as solid and safe port, as effective instrument, as utensil of the execution of jus puniendi in the strict interest of the democratic order and of their citizens' highest needs. Among the proof instruments to reach such project, it stands out the expertness evaluation with its powerful and impartial scientific base, acting as irrecusable aiding to reach the exposed objectives.