Browsing by Author "Soares, Caroline da Silva"
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Item O fim da infância: o poder judiciário como produtor de dano existencial nos casos de estupro de vulnerável(Universidade Católica do Salvador, 2019-09-16) Soares, Caroline da Silva; Hirsch, Fábio Periandro de Almeida; Oliveira, Jadson Correia de (Coord.); Curci, Juan Ignacio Perez (Coord.)The judicial branch has been adopting some decisions to relativize the presumption of violence in the crime of rape of vulnerable people when it is only the criteria of age, that is, of children under 14 years. The purpose of this article is to demonstrate that behavioral reproduction, characteristic of childhood, has been confused with the development of early maturity. By means of an explanatory methodological proposal with the use of a bibliographical survey, study of legislative documents, governmental booklets and hypothetical deductive method, it is observed that social factors are not considered, the relations of power embedded, the exposure of children's health to several risks; and the consequential existential damage of state violence expressed through omission.