Estupro de vulnerável: possibilidade da relativização da vulnerabilidade.

Abstract

This monograph aims to examine the possibility of relativization vulnerability relating to the offense of rape of vulnerable. The subject developed gets the title: "Rape Vulnerable: possibility of relativization of vulnerability". The research was guided by the following objectives: to determine the specifics of the rape of vulnerable and the vulnerability of individuals protected by the legislature as well as addressing the evolution of rape from ancient civilizations to its current wording in the Brazilian criminal system; check the sex crimes that offend the sexual freedom of individuals, under the aegis of the Penal Code before the enactment of law number. 12,105 / 2009, giving more focus to the crime of rape; glimpse the vulnerability established by the legislature in the criminal kind of article 217-A, as well as portray the existing uproar about this vulnerability should be considered absolute or relative way, still checking that the adoption of an absolute presumption of vulnerability offends constitutional guarantees and penal principles and criminal procedure. Seeking to achieve the proposed study offered, remains appropriate to use the method of deductive approach researching the phenomenon in question in a concrete way, to then reach its abstract level, viewing the facts of the internal point of view. Still uses the technique of indirect documentation of research as a way to identify the best solution for the fairer trial in offenses of rape of vulnerable. It is essential to emphasize that the issue raised is very relevant due to its importance in the quest for more equitable decision as to relativize the crimes of rape in the vulnerability being targeted for discussion of patriotic scholars. Anyway, completed the study, there was confirmation of the hypothesis, where it was found that the relativization of the vulnerability of the lower fourteen fundamentadores obeys the precepts of paternal land.