Estupro de vulnerável: da possibilidade de relativização da vulnerabilidade sexual quanto a idade do art. 217, a caput do código penal

Abstract

This paper aims at the study of the criminal type described in article 217 - A, caput of the Penal Code. The article referred to Law 12015/09 brought the figure of "rape of vulnerable", punishing those who have a carnal conjunction or practicing another libidinous act under the age of fourteen. In this way, it is valid to subjectively analyze the type described, pondering determining factors for the construction of the personality of the vulnerable such as: the social context in which the minor is inserted, the culture of hypersexualization, access to information and other aspects that reinforce the the idea that even if the carnal conjunction or any other libidinous act is practiced, depending on the taxable person and his degree of discernment, one should not characterize the crime of article 217 - A.