O estupro de vulnéravel e a viabilidade da aplicação do princípio da insignificância.

Abstract

The present academic work its objective is to analyze the general aspects on the feasibility of applying the insignificance’s principle against the rape of vulnerable, speaking about its causes and consequences in achieving or not to be viable the mentioned principle. Therefore, it is present to explain minutely the crime of rape throughout history, coming to the current Penal Code that was innovated with the enactment of Law 12.015/09, among the changes, introduced the vulnerable rape’s crime. The vulnerable figure are suitable for children under fourteen (14) years or those who for illness or mental disability do not have the necessary insight to the act of practice and those who, for any other reason cannot resist. Arranges the insignificance’s principle that, to be criminal typicality, it demands that occur an affront to very relevant juridical property to criminal law, considering that even where there is offense to these juridical property, this will be enough for to set a criminal offense. The choice of theme is justified by its importance in the legal and academic daily, as a reflection on the obstacles about the application or not the principle of insignificance will be essential for the legal matter to be elucidated fairly. For the above objectives are reached, the component to be used in this study will be the qualitative, as it will provide greater understanding of the topic covered. Moreover, the method of approach will be deductive and research would be classified as the technical procedure as literature, because it will use the interpretative analysis of legislation consistent with the theme; a qualitative assessment of the jurisprudential positions; and consultation of the doctrine and scientific papers. Thus, will be analyzed the arguments used by each of the current, reinforced by judged in both directions.