Da ação penal no delito de estupro: alterações advindas com a Lei 12.015/09 e suas consequências jurídicas.

Abstract

This study examines the prosecution applied to the crime of rape against the innovations which took the advent of Law 12 015 of August 7, 2009. Thus, the primary objective of this study is to examine the changes that come with the aforementioned law, focusing on criminal, given the doctrinal legal thought. They will be examined sexual crimes, specifically the crime of rape, its legal, historical focus and their respective laws over time. Far will be reference to the legislation applied in the context of comparative law, as will be shown that criminal laws were in force in Brazil since the formation of the state. The aim is also to delineate the earliest forms of crime suppression, as encouraging the study of law of action and criminal action. Present the characteristics, species, and the possibilities of application of the prosecution case, in order to complement the knowledge about this point that this study will serve as substructure. To harden the key point, which is the problem arising from legal disputes appear with this legislative change, it is essential that the scenario covering the crime of rape before the law and provide novel, also a concise knowledge of its contents and its impact throughout the criminal law. To this end it adopts the deductive method and technique as the literature search. However, the highlights are still some aspects that must be envisioned, such as different views about the changes brought about by the advent of the mentioned law, which became a target not only praise, but criticism and doctrinal analysis.