ATTEMPTED RAPE: A JURISPRUDENCIAL ANALYSIS OF THE SUPERIOR COURT OF JUSTICE OF BRAZIL
This article discusses the crime of rape, provided for in article 213 of the current Brazilian Penal Code, and its relationship with gender violence. After the legislative change resulting from Law 12,015 of 2009, rape is considered: “to constrain someone, through violence or serious threat, to have sexual intercourse or to practice or allow another lewd act to be practiced with him”. Thus, this article aims to analyze the decisions of the last 13 years of the Brazilian Superior Court of Justice (STJ) to determine whether the practice of lewd acts without penetration are being considered a consummated crime or a mere attempt.
ATTEMPTED RAPE: A JURISPRUDENCIAL ANALYSIS OF THE SUPERIOR COURT OF JUSTICE OF BRAZIL
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DOI: 10.22533/at.ed.2162152219084
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Palavras-chave: Attempted Rape; STJ; Gender Violence; Violence against Women.
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Keywords: Attempted Rape; STJ; Gender Violence; Violence against Women.
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Abstract:
This article discusses the crime of rape, provided for in article 213 of the current Brazilian Penal Code, and its relationship with gender violence. After the legislative change resulting from Law 12,015 of 2009, rape is considered: “to constrain someone, through violence or serious threat, to have sexual intercourse or to practice or allow another lewd act to be practiced with him”. Thus, this article aims to analyze the decisions of the last 13 years of the Brazilian Superior Court of Justice (STJ) to determine whether the practice of lewd acts without penetration are being considered a consummated crime or a mere attempt.
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Número de páginas: 25
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