A relativização do consentimento de mulheres vítimas de estupro de vulnerável na hipótese de embriaguez voluntária

Abstract

The objective of this article is to discuss the imbroglios involving the habitual behavior of women in relation to the consumption of alcoholic beverages at their own will and its reflection on the issue of putting themselves at risk of being a victim of a possible rape as vulnerable, by the relativization of consent. The theme is analyzed through a critical analysis of books, data, jurisprudence and criminal law manuals. The evolution of sexual crimes in the Brazilian legal system is clarified, focusing on the insertion of Art. 217-A and its respective first paragraph in the Penal Code, by Law Nº 12.015/2009. The consumption of alcoholic beverages today is also addressed, with regard to a hypothesis of vulnerability that results in preventing the offering of the resistance mentioned for the typification of the crime, due to the effect of alcohol in the body. However, the criminal type is still interpreted with a sexist bias in relation to female victims, given the historical construction of a patriarchal society that perpetuated judging teachings of female behavior recognized by gender inequality, about who can be considered a victim of sexual violations, especially in view of the moral of the honest woman. Finally, the consequences of the issue in the criminal process are highlighted.