O critério etário adotado pelo artigo 217-a do Código penal e a (a)tipicidade material das relações sexuais mantidas com o consentimento de adolescentes

Abstract

This monograph analyzes the juridical assets of sexual freedom and sexual dignity, both of which are protected by the Brazilian legal system, as well as the subject of the presumption of vulnerability of the under 14 (fourteen) year old, provided for in article 217-a, caput, of the Brazilian Penal Code - whether absolute or relative. From there, it addresses the (in) coherence of the choice of the legislator by the age of 14 (fourteen) years, considering the change of sexual maturity over the years and what establishes the Statute of the Child and the Adolescent. Although it is the absolute vulnerability of the under 14 (fourteen) year old consolidated understanding by the High Courts and positived by Law 13.718 / 18, it verifies the possibility of being debated by the doctrine and jurisprudence the relativization of this vulnerability with respect to the minor of 14 (14) years and over 12 (12) years of age, in certain specific cases, also seeking to analyze, based on the principle of offensiveness, the material nature of sexual relations with adolescents.