Crítica à valoração do comportamento da vítima como circunstância judicial favorável ao réu nos crimes de violência sexual

Abstract

This paper aims to demonstrate the social problem faced by woman victims of sexual violence, which due to a sexist and misogynistic culture rooted in society, are violated twice: once when the act of sexual abuse and the other when the roles are reversed and his word is put to the test, becoming blamed for the crime he suffered. Thus, the problem that involves the use of the victim’s behavior as a favorable circumstance to the defendant at the time of criminal dosimetry, is demonstrated, given that opens up possibilities of reproduction of the patriarchal speech, that places women as inferior to men, being the one who does not follow the socially imposed standard, seen as less deserving of legal protection. Therefore, this paper presents the argument of not needing the application of such conditions, whereas the Penal Code of Brazil provides the unjust act committed by the victim, which decisively influences the occurrence of the crime as generic mitigation of the sentence.