Crimes contra a dignidade sexual e direitos da pessoa com deficiência: uma análise do delito de estupro de vulnerável sob a ótica do estatuto da pessoa com deficiência

Abstract

This article aims to analyze the compatibility between the rape of vulnerable person practiced in the face of a person with a mental disability (article 217-A, §1º, first part of Penal Code), and the sexual rights assured to the person with mental disability by the Disabled Person Statute. It is questioned if the sexual autonomy now assured by the statute would have the power to revoke the criminal type in comment, incurring in the legal institute of the abolitio criminis. The answer to the problem is that the Statute reinforces the need for analysis about the discernment about the consent of a person with mental disability to the practice of the sexual act, there being no contradiction between the norms studied and, consequently, not having to speak in article abolitio criminis of the article 217-A, §1º, first part of Penal Code.