A presunção de vulnerabilidade aos menores de quatorze no crime de estupro: natureza jurídica e análise das decisões dos tribunais superiores brasileiros

Abstract

The enactment of the Law No. 12,015 / 09 was not enough to reconcile the differences between doctrine and case law about the legal nature of the presumption of violence contained in the repealed Article 224 of the Criminal Code. With this new law, the legislature only gave different guise to the old presumption, bringing the issue to “setting up the legal nature of vulnerability”. In the case of children under fourteen, the situation remains unclear and even the High Courts have not given acceptable answers to this question. Thus, through a solid legal and criminal analysis, combined with the investigation of the reasons for the decisions of the Superior Courts, this article aims the recognition of the relativity of the legal nature of the "vulnerability presumption" in the heading of the Article 217-A of the Criminal Code.