A possibilidade da relativização do caráter absoluto imposto pela Súmula n.º 593 do Superior Tribunal de Justiça ao artigo 217-a, caput, do Código Penal Brasileiro.

Abstract

This paper focuses on the configuration of the offense of rape of the vulnerable, typified in Article 217-A, caput of the Penal Code, when the sexual act is committed with children under 14 years of age, even if there is the consent of the victim. In this sense the objective is to analyze article 217-A, caput, of the Penal Code and the precedent no. 593 of the Superior Court of Justice that deal with the theme in question, as well as the possibility of a case-by-case analysis of the cases that fit the article in question, without the immediate imputation of the precedent no. 593 of the Superior Court of Justice. No. 593 of the Superior Court of Justice that reproves the consent of the victim and the previous relations maintained by the victim, even though society has undergone cultural and social changes, leading young people to develop the necessary discernment for sexual self-determination, using, for this purpose, the deductive method. Thus, the monograph was divided into three chapters: the first deals with introductory and historical issues regarding the crime of rape of vulnerability; the second seeks to explain some of the precedent No. 593 of the STJ, as well as the principles violated by it and the third chapter makes a brief introduction to the rights of children and adolescents, as well as the discernment of these facing social and cultural changes, demonstrating the possibility and need for the relativization of the absolute character imposed by the STJ precedent No. 593 to Article 217-A, caput of the Penal Code.