A EXCEÇÃO DE ROMEU E JULIETA APLICADA AO ESTUPRO DE VULNERÁVEL NO BRASIL: UMA ANÁLISE DA APLICABILIDADE DO IURIS TANTUM À VULNERABILIDADE ETÁRIA

Abstract

This paper analyzes the discussion by the possibility of applying the Iuris Tantum for the age vulnerabilize as determined in article 217-A of the penal code, also making use of, in Brazilian legislation, of the methods present in the "Romeo and Juliet Exception" created by North American lawmakers. Thus, the deductive method will be used for the analysis of doctrine, legislation, and jurisprudence, in order to approach the theme in its entirety. Despite the fact that crimes against sexual dignity are permeated by criticism and social condemnation, there are aspects that long for change due to legislative inconsistency, such as the text of article 217-A of the Criminal Code. Therefore, we sought to interconnect two discussions: the analysis of the conformity of the absolutism of the presumption with the principles of law, and the applicability of the "Romeo and Juliet Exception" in Brazilian law. Furthermore, it was verified that although they deal with different perspectives, they reached the same conclusion, that is, the possibility of applying Iuris Tantum for the penal type to the penal type provided for in the crime of rape of a vulnerable person, having as its main theoretical basis the criteria of “Romeo and Juliet Exception”. In view of these facts, in the search for the defense of not punishing the sexual precocity of adolescents, as well as the desire not to turn intimacy among young people into sexual abuse, it is vitally important to discuss this issue.