O crime de estupro e a proteção da dignidade sexual: análise a partir do “Caso Robinho”

Abstract

This undergraduate thesis aims to analyse the crime of rape and the protection of sexual dignity in the context of Brazilian criminal law, based on an analysis of the Robinho Case. To this end, the study initially focuses on the legislative evolution of sexual crimes in Brazil, from the 1830 Code up to the changes brought by Law No. 12,015/2009, which redefined the legal right to sexual dignity. The material details the classification of simple rape (Article 213) and rape of a vulnerable person (Article 217-A), differentiating them based on the intrinsic elements of their definition, with a focus on the element of violence and capacity for discernment. It also analyses the application of criminal law in space, addressing the principles of territoriality and extraterritoriality in the event of a crime committed outside national territory. Finally, the research addresses international legal cooperation and the relevance of treaties such as the Rome Statute and the role of the International Criminal Court in the repression of sexual violence