QUEIROZ, C. L. D; http://lattes.cnpq.br/7272344833405118; QUEIROZ, Cássia Laíse Damião de.
Resumen:
The rules of criminal law have the power to intimidate and punish all who commit
unlawful acts, and such standards must be consistent with the constitutional
principles and guidelines, which was not presented in the crime of rape vulnerable,
by adopting legally so implicitly, the assumption of absolute vulnerability of taxpayers.
In line with sexuality and their influence on Sexual Criminal Law, it is noted that the
consent of the victim has the power to exclude from the typical criminal offense under
discussion, meanwhile, which is shown for such consent, it is necessary to case
analysis concrete, and therefore the relativization of the presumption of vulnerability.
It aims to verify the effectiveness of the presumption on how to obtain the real truth of
the facts, ignoring the possibility of abstract analysis of the crime, and specifically
demonstrate that by adopting a valid consent, you can exclude the crime of rape
vulnerable. To achieve these, it was used the method of deductive approach, the
method of historical procedure, and how the research techniques and exegetical and
legal literature. Thus systematize research in three chapters. Initially there is a study
of human sexuality and its aspects in history, sexual behavior and its effects on
Brazilian criminal law. Then, it analyzes the sexual crimes and their specificities, in
accordance with the Criminal Code of 1940, and the presumption of violence in these
crimes. Initially there is a study of human sexuality and its aspects in history, sexual
behavior and its effects on Brazilian criminal law. Then, it analyzes the sexual crimes
and their specificities, in accordance with the Criminal Code of 1940, and the
presumption of violence in these crimes. Finally we will approached the rape of
vulnerable, put forward by the Law No. 12.015/2009, and analyzes the consent of the
victim and the type error, finally finds a breach of constitutional guarantees and
principles of criminal law and criminal procedure with the adoption of absolute
presumption of vulnerability in the crime of rape vulnerable. Given the above, it was
asked if with the current social viability of the presumption of absolute vulnerability,
the crime of rape vulnerable. As a result it will be noted that the applicability of the
presumption of vulnerability is the most viable means to analyze the offense under
discussion by allowing a more detailed analysis of the facts, and ensure
constitutional guarantees.