OFFENSE ANALOGOUS TO THE RAPE OF A VULNERABLE PERSON AMONG ADOLESCENTS: CONTROVERSIES IN THE STATE COURTS AFTER PRECEDENT 593 OF THE STJ

Abstract

The present work aims to analyze the adequacy of normative, doctrinal and jurisprudential understandings with regard to the vulnerability of the victim in cases of infraction analogous to the crime of rape of a vulnerable person in relation to the sexual act committed between adolescents in a consensual manner. The objective of the study was to analyze the approach adopted by the State Courts in the face of controversies about the offense analogous to the rape of a vulnerable person, when they involve minors in the active and passive pole, since the implementation of Precedent 593 of the STJ. For data collection, the research was both bibliographic and documentary. Therefore, pertinent legal documents were analyzed, covering the legislation on the rape of a vulnerable person, the STJ's own Precedent 593, and some court judgments. According to the results achieved, it was clear that there is still a legal gap in relation to the infraction act analogous to the crime of rape of a vulnerable person, which requires legal operators to seek means to carry out a specific analysis of the cases involving the consensual sexual relationship between adolescents. Thus, as a solution to the legal gap, it is possible that a clause similar to the Romeo and Juliet exception will be adopted in Brazil, which has been used in certain states of the United States of America with the objective of decriminalizing sexual relations between adolescents when the age between them is equal to or less than five years.