Análise da alteração da ação penal no crime de estupro com o advento da lei nº 13.718/ 2018

Abstract

The present work presents as its theme the “Analysis of the alteration of the criminal action in the crime of rape with the enactment of law nº 13.718/2018”. The aforementioned law changed the criminal action that was previously public conditioned to representation and, with its emergence, became public unconditional. Therefore, the victim's manifestation will no longer be necessary to start the criminal prosecution, the state's right to punish in the face of a serious crime such as rape being discussed, as well as the victim's role in crimes of a sexual nature and the impacts caused by the crime in her life. Finally, with the alteration of the criminal action in the crime of rape, a practical issue arises, because although the representation of the offended is not necessary, it is usually the victim who communicates the occurrence of the crime to the authorities due to the clandestine nature of the crime perpetrated. Thus, in order for the State to be able to properly punish the active subject of the crime, it will have precisely this characteristic of the crime as an obstacle and, in order to solve this problem, it will have as a challenge the creation of mechanisms and practices that reduce the damage caused by the process to the victim. For the development of the work, contents of doctrines, academic works, legislation and jurisprudence were used, in a described analysis, in order to provide a greater elucidation on the subject.