THE CRIME OF RAPE OF A VULNERABLE PERSON AFTER LAW NO. 12.015/2009: LEGISLATIVE EVOLUTION AND IMPACTS ON THE PROTECTION OF CHILDREN AND ADOLESCENTS

Abstract

This article analyzes the crime of rape of a vulnerable person after the enactment of Law No. 12.015/2009, examining its legislative evolution and the resulting impacts on the legal protection of children and adolescents in Brazil. Based on qualitative research of bibliographic, documentary and jurisprudential nature, the work covers the normative context prior to the reform, marked by the controversial presumption of violence of article 224 of the Penal Code, and analyzes the typical structure of article 217-A, created by that law. Doctrinal and jurisprudential debates about the absolute or relative nature of age vulnerability are addressed, with emphasis on Precedent No. 593 of the Superior Court of Justice and recent legislative developments. It is concluded that, although Law No. 12.015/2009 represents an undeniable normative advance, the effective protection of the sexual dignity of children and adolescents requires integrated action between criminal law, public policies and cultural transformation of Brazilian society.