THE PRESUMPTION OF AGE VULNERABILITY IN THE CRIME OF RAPE

an analysis of the (in) applicability of the Romeo and Juliet exception in the Courts of Justice of the southern region of Brazil (2018-2022)

Abstract

In this scientific article, the crime of rape of a vulnerable person will be analyzed and the possible mitigations of the penal effects in cases where there is little difference in age between the practitioners of the sexual act. The qualitative and quantitative method of research will be used, based especially on the doctrine and jurisprudence of the Courts of Justice of the southern region of Brazil, in the period from 2018 to 2022, to find hypotheses and foundations that give rise or not to relativize these effects. Thus, we will seek to understand when it is possible to relativize the presumption of age vulnerability and apply the exception of Romeo and Juliet, especially when the sexual act takes place between adolescents who have affective relationships with children under 14 years of age. The relevance of the research exists in the face of the problem of adolescents and young people being punished as adults, and the former, in most cases, are just discovering sexuality, while the latter take advantage of the sexual immaturity of children under 14 years of age to satisfy your own desires. The Courts of Justice of the southern region of this country, for the most part, rule out the possibility of relativization, following the same understanding contained in Precedent 593 of the Superior Court of Justice. However, in view of the study, it was possible to conclude that in cases where there is little difference in age between the practitioners of sexual conduct, combined with consent, there must be mitigation, since when children and adolescents are being used by adults, with maturity advanced sexual intercourse, protection must be rigorous.