A punição penal na roleta-russa do sexo: uma análise juridico-social à luz da teoria geral dos direitos fundamentais.

Abstract

In view of the increasing propagation of the Russian roulette sex parties, the need to analyze in more detail the penal punishment of such practice, given the seriousness of the behaviors disseminated in such "sexual festivals". As a great diffuser of these festivities, the stamp club has gained momentum with the growth of social networks, since it is a faster way of disseminating information, thus, they have begun to spread techniques of HIV transmission, as well as to encourage the fraudulent propagation of the virus. Also, at the stamp festivals, "no cover" sex is, as a rule, one of the requirements for the participants. Momentary excitement dominates the desire of human beings, leading them to seek pleasure in the arched, in the uncertain, in the pleasurable. In this way, the present work seeks to draw a link between individual freedoms and criminal punishment, since the participants of such parties know the present risks. However, it is not necessary to speak of the consent of the victim, since life is a very unavailable, so the participants' wishes do not exclude the illegality and punishability of the stamping agent. Therefore, in view of the worrying dimension of barebacking parties, it is necessary for the State to use its judicial apparatus to better characterize the conduct of the stabers, in order to resolve such sexual feasts, as well as barring the illicit spread of HIV. For the preparation of the present study will be used the procedure of bibliographic research and analysis of books, journals and scientific articles published with an approach on the subject. This time, it aims to clarify, without exhausting the questions on the subject, which criminal punishment is most appropriate for people who intentionally transmit HIV is a homicide in the attempted mode.