A APLICABILIDADE DO ERRO DE TIPO NOS CRIMES DE ESTUPRO DE VULNERÁVEL À LUZ DAS JURISPRUDÊNCIAS DO SUPERIOR TRIBUNAL DE JUSTIÇA

Abstract

The work in question aims to analyze the type error in crimes of rape of a vulnerable person, introduced in the Brazilian Penal Code through Law No. 12.015/2019. At first, a brief historical evolution will be presented about the penal legal system and how it was necessary to guarantee the organization of social interaction. There is also a presentation on the theory of crime and its elements. Such elements, when in agreement, form the term “crime” known to society. It establishes an analysis of the elements that make up the typical, anti-legal and culpable fact, as well as their respective exclusions. It addresses the distinction between intent and guilt. Later, the type error will be analyzed. Afterwards, the vulnerable rape will be presented and how the type error acts within it. On the same occasion, it will demonstrate jurisprudential analysis regarding the recognition and non-recognition of the error in the referred crime. Finally, the research concluded that, despite not being a majority understanding and, as there is no culpable modality for the aforementioned offense, the type error can indeed be applied and recognized in the rape of a vulnerable person to exclude the typicality of the agent's conduct. The importance of this work stems from observations and reflections on convictions for the crime of rape of a vulnerable person that could have been covered by the application of the type error, when the people, in fact, acted in error, because the victims did not have the age they had, resulting in the false perception of reality and, consequently, in their error.