PASCOAL JÚNIOR, G. G.; http://lattes.cnpq.br/8875273900801080; PASCOAL JÙNIOR, Gleudo Gomes.
Resumen:
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.