A PROTEÇÃO DA DIGNIDADE SEXUAL DE CRIANÇAS E ADOLESCENTES NO BRASIL

O Conflito entre o Artigo 217-A do Código Penal e a Jurisprudência Atual

Abstract

This article investigates the protection of the sexual dignity of children and adolescents in light of Brazilian legislation, focusing on article 217-A of the Penal Code, which defines rape of a vulnerable person. The main objective is to analyze how recent decisions by the Superior Court of Justice (STJ) have relaxed the interpretation of this provision, considering consensuality and the absence of abuse in cases involving minors under 14 years of age. The article explores the issue of absolute vulnerability provided for by the legislation, the proportionality of penalties in the application of article 217-A, as well as the impact of judicial decisions on the effectiveness of comprehensive protection. The methodology combines a bibliographic review and analysis of the positions of judicial bodies. The conclusion is that the relaxation of legal interpretations can compromise the effectiveness of the protection of the fundamental rights of children and adolescents, highlighting the need for an approach that is aligned with the principles of protection of the Brazilian legal system.