THE SEXUAL RELATIONSHIP OF ADOLESCENTS UNDER 14 YEARS OF AGE AND THE CRIMINAL RESPONSIBILITY OF PARENTS FOR OMISSION

Abstract

 Society is going through constant sociocultural transformations, which are reflected in the formation of children and adolescents, mainly. In the context of sexuality, starting sexual relations early. With the enactment of Law no. 12.015/2009, the figure of rape of the vulnerable was created and establishing the absolute vulnerability of minors under fourteen years of age, as provided for in article 217-A of the Penal Code. In the same sense, the summary 593 of the STJ, reaffirms the practice of the crime of rape of a vulnerable person, regardless of the consent of the victim and/or parents, employment or not of violence or serious threat, sexual experience, and relationship with the aggressor. The present study has as general objective to analyze the aspects of the crime of rape of the vulnerable, the sexual practice of adolescents under 14 years of age, and the criminal responsibility of parents for these individuals, ensuring their sexual dignity, being able to criminally answer for their omission, by not trying to prevent the occurrence of this crime. The study is based on publications by authors with uniformity of subjects related to the problem, through literature obtained through books, theses, jurisprudence and legal articles published in the period between 2010 and 2020, thus enabling an ordered text for research .