Estupro de vulnerável: uma análise acerca da relativização da vulnerabilidade.

Abstract

Law 12.015 / 09 changed significantly provisions of the Penal Code, to provide for crimes against sexual dignity, which in the previous wording crimes were called against custom, an expression which proved to be lagged with social evolution. In addition, another amendment made by this standard embodied in the forecast of vulnerable rape crime typified in article 217 - A of said criminal standard. The insertion of such a crime has been subject to serious doctrinal and jurisprudential discussions, taking part of the doctrine and understood law that the vulnerability addressed by the legislature is absolute, and the other party understands that in some situations the magistrate can relativize the scope of this vulnerability causing in some cases there just decision based on the principle of proportionality. By analyzing the case law it appears that the Paraíba State Court of Justice on several occasions has relativized the concept of expected vulnerability in the Penal Code, especially when the sexual act is performed with the line of the individual under the age of 14 or in situations that the victim already coexists cohabiting with the author of the vulnerable rape. Moreover, these assumptions justify the relativistic concept of vulnerability in sexual crimes.