VULNERABLE RAPE: A LOOK AT ADOLESCENTS UNDER 14 YEARS OLD

Abstract

The present article seeks to address the rape of vulnerable equivalent to the offense in the presence of consensual sexual consummation among adolescents under 14 years and the doctrinal and jurisdictional understanding of the possible application of Romeu and Juliet's Theory of exception in Brazilian criminal law. It also argues, the evolution of the protection of children and adolescents in the Brazilian legal system and the current amendment in article 217-A of the Brazilian Penal Code and its consequences in the application of the infraction act analogous to the rape of the vulnerable. Allied to this, the doctrinal and jurisdictional divergence was explained when the possibility and necessity of the introduction of the theory of the exception of Romeo and Juliet in the Brazilian legal system.