SUMMARY 593 OF THE STJ AND THE (IM) POSSIBILITY OF RELATIVIZING THE VULNERABILITY OF MINORS UNDER 14 IN CASES OF THE SO-CALLED BILATERAL RAPE AND THE EXCEPTION OF ROMEO AND JULIET

Abstract

The present research, entitled “STJ Summary 593 and the (IM) Possibility of Relativizing the Vulnerability of Minors under 14 Years of Age in Cases of So-called Bilateral Rape and the Romeo and Juliet Exception” has the general scope of analyzing whether, in view of the statement of Precedent 593 of the STJ, there is the possibility of relativizing the vulnerability of children under 14 years of age through the application of the Romeo and Juliet Theory in cases of bilateral rape. This is because the aforementioned topic focuses on the following issue: Should adolescents between 12 and 14 years of age who perform sexual acts with each other, in a consensual manner, be held responsible for the criminal act analogous to the rape of a vulnerable person (bilateral rape)? Thus, the hypotheses raised were that the social environment in which the adolescent is inserted is a factor of great relevance in the formation of their opinions that, later, will lead to actions. Therefore, the State should not intervene in the individual freedom of these people if there is no significant violation of the protected legal interest – Principle of Minimum Intervention. Therefore, in cases of so-called Bilateral Rape, the understanding in Summary 593 cannot be absolute, and those applying the Law must use mechanisms such as the Romeo and Juliet Theory to consider the particularities of each case, given that the Exacerbated punitiveness can generate several negative legal and social consequences for the community as a whole. Furthermore, for this work, the bibliographic method was used to achieve the desired results.