O crime de estupro virtual contra a criança e o adolescente sob a ótica do princípio da proteção integral
The reduction of physical barriers to communication, with the advent of the internet and social networks, has facilitated social interaction with people from different places, thus creating new types of crimes or new ways of committing existing crimes. Sexual abuse in the digital age has taken on ne...
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| Formaat: | bachelorThesis |
| Taal: | pt_BR |
| Gepubliceerd in: |
Universidade Federal do Rio Grande do Norte
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| Online toegang: | https://repositorio.ufrn.br/handle/123456789/53904 |
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| Samenvatting: | The reduction of physical barriers to communication, with the advent of the internet and social networks, has facilitated social interaction with people from different places, thus creating new types of crimes or new ways of committing existing crimes. Sexual abuse in the digital age has taken on new forms and characteristics, exploiting the vulnerability of users, especially children and adolescents, who, due to their peculiar condition of being in development, are already seen as vulnerable. In this context, the issues related to the aspects of the crime of virtual rape against the incapable minor from the perspective of the principle of integral protection of children and adolescents will be addressed. Thus, this research aims to analyze the characteristics of virtual rape against minors incapable of consent in Brazil, considering the legal and social implications, as well as addressing strategies for the prevention and combat of this crime based on the principle of integral protection. As methodological procedures, an applied research with a descriptive objective and deductive method will be used. The qualitative approach will be conducted through a literature review of scientific articles, current legislation, government documents, and jurisprudence related to the crime of virtual rape. It is concluded that, although the topic is not unanimously accepted among legal practitioners, the crime of virtual rape of minors incapable of consent is being typified through an extensive interpretation of the term "libidinous act" in Article 217-A of the Penal Code. Furthermore, the understanding of Brazilian courts regarding the unnecessary requirement of physical contact between the perpetrator and the victim for the configuration of the crime of rape is highlighted. |
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