PROTEÇÃO LEGAL DE CRIANÇAS E ADOLESCENTES:

PERSPECTIVAS SOBRE O ESTUPRO DE VULNERÁVEL NO CONTEXTO JURÍDICO E BIOPSICOSSOCIAL E O ATENDIMENTO ÀS VÍTIMAS

Abstract

This article studied the vulnerability of children and adolescents, with a special focus on the issue of rape of vulnerable individuals. The methodology used was the collection of bibliographic and theoretical data in order to compose a review capable of directing the positioning in a deductive way towards the thesis that asserts the principle of full protection of children and adolescents in cases of rape of vulnerable individuals. The evolution of the concept of childhood and adolescence is discussed, highlighting how these phases are marked by physical, cognitive and social changes, and the legal protection offered by the Federal Constitution and the Statute of the Child and Adolescent. The applicability to the field of criminal policy, article 217-A of the Brazilian Penal Code and the case law of the STJ, especially Summary 593, are discussed. In conclusion, the Brazilian legislation, based on constitutional and international principles, which offers a comprehensive system of protection for children and adolescents, combating vulnerabilities and ensuring their fundamental rights, especially in the context of rape of vulnerable individuals, is highlighted.