IMPRESCRITIBILIDADE DO ESTUPRO

NO CONTEXTO LEGAL BRASILEIRO

Abstract

Since ancient times, violence has been present in women's lives, not only in Brazil but also in other countries. For many years, the family environment was seen as a safe, private and restricted place, where the state did not know the reality and presented difficulties in entering and combating violence within the family. However, with the emergence of social policies, women began to open their lives to professionals who began to diagnose cases of violence. It is known that violence against women is increasingly seen as an important public health problem. Therefore, there is an urgency to establish measures for early detection and effective interventions. Initially, the work deals with the historical construction of the institute of criminal prescription, then we have an explanation about the crime of rape, presenting the theory of the crime and bringing its consequences to society, so that the reader can reflect on the consequences that The commission of the crime can cause a specific victim to have their sexual freedom violated. In the end, the article brought a Proposal for Amendment to the Constitution, namely PEC 64/2016, providing an approach to its aspects, foundations and effects on the legal system, bringing a discussion about the possibility of changing article 5, XLII of the Federal Constitution, so that the crime of rape is added to the list of imprescriptible crimes, taking into account the internal and external consequences it has on the lives of the victims. To this end, it was necessary to carry out a bibliographical study that sought to bring the most important information about the topic, researched from works by renowned authors to show the crime of rape and Brazilian legislation, characterizing the victims and analyzing the context in which women have been added over the years.

Keywords: Woman - Rape - Crime - imprescriptibility.