Crimes contra a dignidade sexual: aspectos do delito de estupro.

Abstract

The research aims to reflect on the innovations introduced by Law No. 12.015/2009 on legal and procedural criminal law in respect of Crimes Against Sexual Dignity, introducing new crimes incriminating, promoting the unification of old types and changing standards in general. Conduct a historical retrospective about the sexual crimes against the dignity, as the Penal Code is far from 1940 and from there to here has changed little with regard to sexual crimes, therefore we can not forget that the conduct of society changes greatly according to time, as the customs and culture of the people are no longer the same, so the criminal law should accompany these social changes. Inquire about the possibility to protect the respectability of the human being in sexual matters, guaranteeing freedom of choice in that scenario, since the 1988 Federal Constitution guarantees freedom of the people regarding their rights and duties, thus the freedom person's sex should be ensured so that this right is respected by all. Analyze the sexual development of children aged under 18, and with still greater zeal, the lesser of 14 years, since the legislature was unable to follow the development of society about the maturity of young people with regard to the sexual aspect.