Análise acerca da possibilidade de relativização da vulnerabilidade do adolescente no crime de estupro de vulnerável

Abstract

The present work has the scope of discussing the possibility of relativizing the presumption of vulnerability of the adolescent victim, the one between 12 and 14 years old, in the crime of vulnerable rape, Art. 217-A of the Brazilian Penal Code. This problem occurred mainly due to the wide jurisprudential discussion that the old presumption of violence and the current presumption of vulnerability have brought, as well as the advent of Precedent 593 of the STJ and the insertion of §5º to Art.217-A to the Penal Code with the enactment of Law 13.718 / 2018, since both defined the absolute presumption of vulnerability to victims under 14 years old. It was found, therefore, that in the face of the principles of social adequacy and minimum intervention, in cases where the victim is an adolescent, should be admitted the application of the relative presumption of vulnerability.