O gênero e os crimes sexuais : analisando crimes sob a perspectiva de genêro

Abstract

This studies aims to analyze, from a gender perspective, as the legal treatment of sexual crimes Brazilian Penal Code was amended effective historically. Therefore, it is important to contextualize Brazilian society from the understanding of the influences of the struggle of the Feminist Movement in Brazil, as well as demonstrate the process of change in the wording of sexual offenses in the Criminal Code of 1940 and analyze it from a gender perspective. Thus, the object of this paper is to analyze how was historically in Brazil these changes in the legal treatment in a gender perspective, the crimes provided for in Title VI \"Crimes against sexual dignity\" of the Brazilian Penal Code, as 1940 to the present day. For this study, it was made a comparative analysis of changes with some judged the Supreme Court decisions that are paradigms thus have greater power to generate any kind of social change. Thus, the questions guiding this research are: was there any direct influence of a historical experience in Brazilian social context for change of sex crimes in a gender perspective? Laws and specifically sexual crimes as are changes in their writing are being influenced by the social context simultaneously acting on this same context? Changes in newsrooms sexual crimes of the Criminal Code 1940 represent a breakthrough that embraces the concept of gender and gender relations?