O consentimento como fator elementar e comprobatório do crime de estupro: análise prática a partir de um caso da jurisprudência

Abstract

The presente research has it main goal on analising rape as a crime, more specifically with regard to the premise of non-consent of rthe typical chacterization of the conduct as a crime. The proposed research intends to investigate the difficulties in relation to consente in the crime of rape, having as parameter the Brazilian criminal law and the classic penalist doctrine of Nélson Hungria. Thus, the elements of the criminal type of rape will be investigated, as well as the most frequente evidentiary methods used in court. To materialize the problems exposed, a critical analysis of a decision handed down in Rondônia will bem ade, presenting, at first, the reason for the judges’ decision and, later, questioning the arguments raised in the decision handed down by the firts and second instances.