A criminalização da importunação sexual pela lei 13.718/18: um estudo sobre as condutas tipificadas.

Abstract

It is in plain sight on the Brazilian social scene, the occurrence of several conducts typified as crimes against sexual freedom, at the same time that the disavowal for these criminal practices grows. That being said, the Law needs to evolve to promote an effective punishment that meets the preventive nature of the penalty. In this sense, the present work approaches the crimes against sexual freedom, provided for in Chapter I of Title VI of the Brazilian Penal Code, exposing since its original wording, proceding to mention the changes made by Law No. 12.015/2009, ending through an analysis of the novel penal typification with the advent of Law nº 13.718/18, to observe which conducts are framed in this penal type, observing the principle of proportionality. That said, this study aims to answer the following question: what behaviors are typified by the new penal provision regarding sexual harassment? Therefore, the intention is to conclude which libidinous practices are typified in the crime of sexual harassment, thus, studying the jurisprudential understanding related to the theme to justify the non-typification of some conducts for the new crime. The general objective of this study was to analyze Law No. 13.718/18, which deals with sexual harassment, as a fill in the gap in the legislation that deals with crimes against sexual dignity. The empirical-inductive investigation method was used and the exegetical-legal method was used as a procedural method, using the technique of bibliographic research and documentary research. To achieve the desired objective, which is to define which behaviors can be typified by Article 215-A of the Penal Code.