A RELATIVIZAÇÃO DA NATUREZA SEXUAL NO DELITO DE ESTUPRO DE VULNERÁVEL

INTRODUÇÃO

Authors

  • INGRID SALOMÃO UNIPAC
  • Ester Gonçalves Pereira Gonçalves Pereira Faculdade Presidente Antonio Carlos
  • Greiciele Costa Dos Santos Costa Dos Santos Faculdade Presidente Antonio Carlos
  • Lucas Soares Maciel Faculdade Presidente Antonio Carlos
  • Cristiane Xavier Figueiredo Faculdade Presidente Antonio Carlos

DOI:

https://doi.org/10.61164/rjnm.v5i1.1559

Keywords:

Rape of vulnerable. Sexual vulnerability. Legal nature. Relativization.

Abstract

Starting from a systematic and teleological analysis of the legal system related to the subject and mainly of the practical reality, the general objective proposed in the article is to analyze the crime of rape of vulnerable, through the conceptual definition in relation to the vulnerability if this is absolute or iuris et de iure or, in controversy, relative or iurus tantum. The legislator in the formulation of the text of the law art. 217-A. It directly determined the vulnerability presumption as absolute, leaving no margins for the analysis of a relative presumption depending on the specific case. The debate on this topic has become extremely necessary these days, due to social changes, easy and early access to information and, with it, often the early sexual maturation of adolescents that directly affect the presumption of vulnerability. The methodology for this article was explored through bibliographic research, as well as academics of a qualitative nature. Starting from a systematic and teleological analysis of the legal system related to the subject and, mainly, of the practical reality, the general objective of the research that is proposed through this article is to analyze the crime of rape of vulnerable, exposed in art. 217-A,  caput, of the penal code.

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Author Biographies

  • INGRID SALOMÃO, UNIPAC

    Starting from a systematic and teleological analysis of the legal system related to the subject and mainly of the practical reality, the general objective proposed in the article is to analyze the crime of rape of vulnerable, through the conceptual definition in relation to the vulnerability if this is absolute or iuris et de iure or, in controversy, relative or iurus tantum. The legislator in the formulation of the text of the law art. 217-A. It directly determined the vulnerability presumption as absolute, leaving no margins for the analysis of a relative presumption depending on the specific case. The debate on this topic has become extremely necessary these days, due to social changes, easy and early access to information and, with it, often the early sexual maturation of adolescents that directly affect the presumption of vulnerability. The methodology for this article was explored through bibliographic research, as well as academics of a qualitative nature. Starting from a systematic and teleological analysis of the legal system related to the subject and, mainly, of the practical reality, the general objective of the research that is proposed through this article is to analyze the crime of rape of vulnerable, exposed in art. 217-A,  caput, of the penal code.

  • Ester Gonçalves Pereira Gonçalves Pereira, Faculdade Presidente Antonio Carlos

    Starting from a systematic and teleological analysis of the legal system related to the subject and mainly of the practical reality, the general objective proposed in the article is to analyze the crime of rape of vulnerable, through the conceptual definition in relation to the vulnerability if this is absolute or iuris et de iure or, in controversy, relative or iurus tantum. The legislator in the formulation of the text of the law art. 217-A. It directly determined the vulnerability presumption as absolute, leaving no margins for the analysis of a relative presumption depending on the specific case. The debate on this topic has become extremely necessary these days, due to social changes, easy and early access to information and, with it, often the early sexual maturation of adolescents that directly affect the presumption of vulnerability. The methodology for this article was explored through bibliographic research, as well as academics of a qualitative nature. Starting from a systematic and teleological analysis of the legal system related to the subject and, mainly, of the practical reality, the general objective of the research that is proposed through this article is to analyze the crime of rape of vulnerable, exposed in art. 217-A,  caput, of the penal code.

  • Greiciele Costa Dos Santos Costa Dos Santos, Faculdade Presidente Antonio Carlos

    Starting from a systematic and teleological analysis of the legal system related to the subject and mainly of the practical reality, the general objective proposed in the article is to analyze the crime of rape of vulnerable, through the conceptual definition in relation to the vulnerability if this is absolute or iuris et de iure or, in controversy, relative or iurus tantum. The legislator in the formulation of the text of the law art. 217-A. It directly determined the vulnerability presumption as absolute, leaving no margins for the analysis of a relative presumption depending on the specific case. The debate on this topic has become extremely necessary these days, due to social changes, easy and early access to information and, with it, often the early sexual maturation of adolescents that directly affect the presumption of vulnerability. The methodology for this article was explored through bibliographic research, as well as academics of a qualitative nature. Starting from a systematic and teleological analysis of the legal system related to the subject and, mainly, of the practical reality, the general objective of the research that is proposed through this article is to analyze the crime of rape of vulnerable, exposed in art. 217-A,  caput, of the penal code.

  • Lucas Soares Maciel, Faculdade Presidente Antonio Carlos

    Starting from a systematic and teleological analysis of the legal system related to the subject and mainly of the practical reality, the general objective proposed in the article is to analyze the crime of rape of vulnerable, through the conceptual definition in relation to the vulnerability if this is absolute or iuris et de iure or, in controversy, relative or iurus tantum. The legislator in the formulation of the text of the law art. 217-A. It directly determined the vulnerability presumption as absolute, leaving no margins for the analysis of a relative presumption depending on the specific case. The debate on this topic has become extremely necessary these days, due to social changes, easy and early access to information and, with it, often the early sexual maturation of adolescents that directly affect the presumption of vulnerability. The methodology for this article was explored through bibliographic research, as well as academics of a qualitative nature. Starting from a systematic and teleological analysis of the legal system related to the subject and, mainly, of the practical reality, the general objective of the research that is proposed through this article is to analyze the crime of rape of vulnerable, exposed in art. 217-A,  caput, of the penal code.

  • Cristiane Xavier Figueiredo , Faculdade Presidente Antonio Carlos

    Starting from a systematic and teleological analysis of the legal system related to the subject and mainly of the practical reality, the general objective proposed in the article is to analyze the crime of rape of vulnerable, through the conceptual definition in relation to the vulnerability if this is absolute or iuris et de iure or, in controversy, relative or iurus tantum. The legislator in the formulation of the text of the law art. 217-A. It directly determined the vulnerability presumption as absolute, leaving no margins for the analysis of a relative presumption depending on the specific case. The debate on this topic has become extremely necessary these days, due to social changes, easy and early access to information and, with it, often the early sexual maturation of adolescents that directly affect the presumption of vulnerability. The methodology for this article was explored through bibliographic research, as well as academics of a qualitative nature. Starting from a systematic and teleological analysis of the legal system related to the subject and, mainly, of the practical reality, the general objective of the research that is proposed through this article is to analyze the crime of rape of vulnerable, exposed in art. 217-A,  caput, of the penal code.

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Published

2023-08-31

Issue

Vol. 3 No. 1 (1): Revista Jurídica do Nordeste Mineiro

Section

Artigos

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How to Cite

A RELATIVIZAÇÃO DA NATUREZA SEXUAL NO DELITO DE ESTUPRO DE VULNERÁVEL: INTRODUÇÃO. (2023). RJNM, 3(1). https://doi.org/10.61164/rjnm.v5i1.1559