A ação penal pública incondicionada para os crimes contra a dignidade sexual e o suposto conflito com o direito à privacidade da vítima.

Abstract

This monographic work focuses on the amendment of article 225 of the Penal Code, as a result of Law No. 13,718, of September 24, 2018, which changed, in cases of sexual crimes, the public criminal action conditioned to the victim’s representation to unconditional public. The research carried out has as its main objective to understand how criminal action occurs in sexual crimes and its respective impact from the victim’s perspective. In this context, the research problem questions whether the amendment of article 225 of the Penal Code respected the right to privacy and intimacy of victims of sexual crimes in the face of the public interest of criminal action, as well as whether there are legal institutes to minimize possible damages suffered by the victim during procedural instruction. To this end, the approach used was explanatory research and deductive method. Through the research carried out, it became clear the constant need to prevent and punish sexual crimes and the importance of studying victimology to understand secondary and tertiary victimization resulting from these crimes. Given the breadth of the problem, it is fundamentally important to weigh the constitutional principles involved in legislative change, not being considered absolute when analyzed individually. It was concluded that the legislative change, when applied in conjunction with other victim protection institutes, does not violate their right to privacy, being more beneficial for society in general.