Análise sobre o crime de importunação sexual em face da Lei 13.718/2018.

Abstract

The present work essentially analyzes the crime of sexual harassment in the perspective of the new law 13.718/2018, making a comparison of it with the previous wording that the law of criminal contraventions made, so that, in this way, the benefits that this update will bring to society. The problematic that conducts the investigation tries to understand the following question: why the creation of a new penal norm that typifies the sexual importunación being that this conduct already was typified by the Law of Criminal Contraventions? Having specific objectives: to survey the main reasons that led to the creation of this law and the definition of the crime of sexual harassment; explain the criminal type qualified by the new criminal law, and its earlier drafting through criminal offenses law; and finally determine the benefits of this new law. In order to achieve the objectives, the deductive method was used, with a bibliographical and documentary research technique, having as primary sources: Constitution, laws and doctrines. Secondary sources were also used: scientific articles and journals that deal with the problem. The present study seeks to demonstrate that, although there has previously been a norm that portrayed the crime of offensive insult to the modesty in the law of criminal contraventions, this was an inconsistent norm by our legal order in view of not having normative force of its lanosidade and for that reason require the need of updating. The work presented here is justified and relevant insofar as it seeks to defend the importance of this new norm in guaranteeing and effecting fundamental rights such as dignity and sexual freedom. In this sense, it is initially done in this work an explanation about the main events that led to the elaboration of the crime of sexual harassment and its insertion of the Brazilian Penal Code. Subsequently there is the presentation of the crime of sexual harassment both from a perspective of criminal contravention and also as a crime. And, finally, an approach is made on the benefits that the law brings and intends to bring to society through this new typification. Thus, the importance of this new law for the society in the realization of constitutional guarantees is understood.