Estupro de vulnerável: análise da efetividade do critério objetivo da norma penal

Abstract

The present research aimed to analyze the presumption of violence inserted in the concept of vulnerability of the criminal type of rape of vulnerable, based on the analysis of the decisions pronounced by the Superior Courts. We sought to explore whether the actions aimed at absolute protection were those that came closest to the concept of justice or whether age determination ended up tightening the criteria for evaluating cases, causing, in certain cases, the departure from the absolute concept of the rule . It was an explanatory research, bibliographical and documentary, based on inductive and qualitative methods, based on the examination of judgments that contradicted the majority understanding. In cases where there was a collision of equally important principles, the decisions tended towards an accurate analysis of the concrete case, in order to avoid creating a worse scenario than the practiced act.