A Lei 12.015/2009 e os seus reflexos na ação penal e nos crimes contra a dignidade sexual.

Abstract

The present study monográfico is the result of a bibliographic and documental research, under the criminal law, particularly in relation to crimes against the dignity and sexual theme is: "The impact of Law 12.015/2009 in crimes against human dignity. The Law entered into force on 10 August 2009, and changed the Title VI of the Special Part of the Penal Code, restructuring it in such a way more suited to the social reality as to the sexual freedom of individuals. The title highlights was formerly called as "delict against the mores", however, due to the constant social change came to be known as "delict against sexual dignity". The hypothesis presented is the search for inquerir the legal effects arising from the law in question, analyzing the current wording of Article 213 of the Brazilian Penal Code, the repeal of Article 214 of the Act, the changes in the subsequent devices referred to in this Title, becoming relevant so that will in a scientific way to analyze the changes introduced by Law 12.015/2009 and their reflections. The problem takes exactly the reflection on the problem that still exists on the theme around the changes arising from the Law 12.015/2009. It has as its broad objective to examine the major changes brought about by said law, as well as his reflection in the criminal action in relation to crimes against the dignity, the unification of articles 213 and 214 of the Brazilian Penal Code, the creation of crime rape of vulnerable and the insertion of new devices. In its turn, has as specific objectives: to identify the most important points on which the law of reform has brought to the brazilian legal system; reporting on the consequences of the legal provision of the crimes of rape and indecent assault in the same figure delitiva; analyze the possibility of progression of regime as well as the reduction of penalty for the apenados who were already in the implementation of this. Throughout the research it was decided by the method of approach deductive method. As to the method of procedure, adopted is the comparative study and how to approach the problem the modality used is qualitative, descriptive. Structurally, the monograph is divided into three chapters. In the first, discuss the specifics of criminal action in general, bringing its characteristics, its conditions, the types of criminal action in the Brazilian legal system. In the second, it analyzes also generally the crimes against the dignity sexual, conceptualizing each one of them, presenting their peculiarities, especially those that have been altered and included by Law 12.015/2009. Finally, in the third deepens the discussion in a specific way, about the changes brought by the law 12.015/2009 in crimes against the dignity, the impacts on the criminal action, the unification of articles 213 and 214 of the Penal Code, the creation of the rape of vulnerable, the creation of devices that are intended to prevent impunity existing prior to the juvenile prostitution and the issue of Law of heinous delict.