Pedofilia à luz do direito penal: um estudo demonstrativo da proteção às crianças vítimas de abuso sexual

Abstract

The objective of this work is to analyze the pedofilia in special the Brazilian criminal system in the articles 213 and 217-A of the Criminal Code. For this, one became necessary to investigate the concept of sexual abuse, as well as the pedofilia concept that allowed to understand its characteristics in opposition to other terms that also, they indicate, equally, acts of sexual violence. In this bias, it came superficially to tona, amongst others, the psicanalíticas theories that show the pedofilia, in connection with illness and perversion, and excite the problem of the assent of the child, proceeded it the identification from the characteristics of the victims and the aggressors, as well as if it standed out the existing linking in the relation of the involved ones in the pedofilia cases. At as the moment, it was explanou, the conceptualization of the Criminal law, its main characteristics and its principles, glimpsing the definition of crime in the concepts formal, material and analytical. For this meaning, an inquiry searched on the legally protected interest object of the criminal law and the measures of used repression and prevention to defend the child victim of the sexual abuse. After, it is analyzed pedofilia under the legal point of view, to the light of the Constitution of 1988, of the Statute of the child and the adolescent (Law 8,069/90) and of Law 8,072/90 (hideous crimes). Finally, having for bedding the idea of that children and adolescents are citizens of right, for if dealing with people in peculiar condition of development, it is analyzed the light of the Brazilian Criminal Code, in the articles at the beginning elencado, which configure the criminal types that tutor the dignity and the sexual development of the children and adolescents.