THE RELATIVIZATION OF STATUTORY RAPE WITHIN OUR LEGAL FRAMEWORK

Abstract

The relativization of vulnerable rape in the Brazilian legal system is a topic of great importance, particularly in the realm of criminal law. This study seeks to describe the current landscape and implications of this issue, analyzing the legal protection of vulnerable individuals in cases of sexual crimes as established by the Penal Code. The research addresses sexual crimes against vulnerable individuals in Brazil, with a special focus on vulnerable rape. It begins with a general overview of these crimes and the protection afforded to vulnerable individuals by criminal legislation. The relevance of Law 12.015/2009 is highlighted, as it introduced significant changes in this context, outlining conduct, subjects, consummation, forms, and causes of increased penalties related to vulnerable rape. The study advances to discuss the age relativization of this type of rape, addressing both relative and absolute presumptions. It also analyzes the decision of the Superior Court of Justice (STJ), expressed in Summary 593, which reinforces the irrelevance of consent from victims under 14 years old for the characterization of the crime. Furthermore, it explores interpretations of article 217-A of the Penal Code, which deals with age vulnerability, both by the STJ itself and other judicial decisions. The final conclusions highlight the evolution of legal discussions on vulnerable rape and the age relativization of vulnerability. Despite legal presumptions, jurisprudence reveals a more contextualized and sensitive approach to the details of specific cases, demonstrating the complexity of sexual crimes against vulnerable individuals.