O tratamento jurídico do “stealthing” e o seu combate a partir das políticas públicas

Abstract

The presented work is a monograph that investigates the phenomenon of stealthing, which consists of the removal or damaging of contraceptive methods during sexual intercourse without the partner's consent. The objective of the study is to analyze the accountability of perpetrators and how stealthing represents a threat to human rights. More specifically, it addresses the legal implications of stealthing within the context of the Brazilian legal system, examining the possibility of categorizing the behavior as rape or sexual violence by means of deception. The research explores existing international legislations against the practice, focusing on the approaches adopted in California and different regions of Australia, while also examining the ongoing legislative project for criminalization in Brazil. It explores human rights violations resulting from stealthing, addressing issues such as sexual autonomy, sexual rights, reproductive rights, physical integrity, and psychological well-being of victims. The study concludes that it is necessary for the Brazilian State to act in order to support victims of stealthing, which should include combating legislation and other public policies. Furthermore, it emphasizes the urgent need for expanded social and academic debate on the controversies surrounding stealthing, emphasizing the importance of further studies and awareness measures to adequately address the problem.