FERRAZ, C. C. N.; http://lattes.cnpq.br/8805316557106403; FERRAZ, Caio César Gomes Nogueira.
Resumen:
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.
