Capacidade de resistência da vítima: a linha tênue entre a definição dos crimes de violação sexual mediante fraude e estupro de vulnerável

Abstract

The developed thesis aims to highlight how the lack of a precise delineation regarding the limits of a victim's resistance capacity in configuring sexual offenses through fraud and sexual assault of vulnerable individuals generates legal uncertainty. This is due to the absence of a consistent understanding that could guide the courts in cases of this nature, leading to deficient judicial adjudication. Even in similar situations, contrasting decisions are rendered. To guide this analysis, a comparative study was conducted between the 1940 Penal Code and previously applicable criminal legislations in Brazil, along with a literary review and analysis of jurisprudence on the subject. In conclusion, the research seeks to emphasize the relevance of this issue, which is still under-discussed, and present a possible solution to the drafting problem, the central focus of this work.