A (im)possibilidade de relativização da presunção de vulnerabilidade do adolescente no crime de estupro de vulnerável

Abstract

The purpose of this article is to discuss the possibility of relativizing the presumption of vulnerability, with regard to minors under fourteen years of age, in the statutory rape provided for in Article 217-A of Brazilian Penal Code. The aforementioned article proscribes any libidinous or sexual activity with an under fourteen-year-old adolescent even when they consent to it, despite their level of formal education and regardless of the absence of moral or physical coercion. However, considering the present time with ongoing extensive access to information, as well as early sexuality, it is necessary to analyze each case according to its peculiarities, reevaluating, therefore, the presumption of vulnerability as absolute.