Os crimes de estupro e atentado violento ao pudor sob a perspectiva a Lei nº 12.015/2009: discussões acerca do concurso de crimes.

Abstract

Before the entry into force of Law No. 12.015/2009, upon the occurrence of crimes of rape and indecent assault in the same factual context, the High Courts were laid to admit the occurrence of the tender material crimes. After the advent of the aforementioned law, new positioning is being adopted by the Superior Courts. In this sense, this monograph was designed to investigate the crimes of rape and indecent assault from the perspective of Law No. 12.015/2009, weaving a parallel between the crimes under discussion before and after entry into force of the above law. With the advent of Law No. 12.015/2009, was the repeal of the crime of indecent assault, and the absorption of its typical figure by art. 213. Thereafter, the Superior Courts have recognized, mostly, are the offenses of rape and indecent assault crimes of the same species. Then applied retroactively to criminal judgments sentencing with res judicata where the contest had been recognized material crimes, the continued criminal offense, because it is law most beneficial. As a result, all inmates who had sentences criminal sentencing with material recognition contest between rape and indecent assault had the right to be achieved by the new law and the continuity of seeing recognized criminal offense. Our study uses the methodology deductive methods with the use of literature and jurisprudence