A proteção estatal dos delitos sexuais com a mudança do bem jurídico "costumes" para "dignidade sexual".

Abstract

The objective of this study is to analyze the evolution occurred in reference to the crimes described in Title VI of the special part of the Criminal Code, the important changes stemming from the Law 12. 015/2009, and to examine whether these changes are as precepts of the Constitution of 1988. The history from the Criminal Code of 1940 until the present day, observes the new focus of protection and how sexual freedom is safeguarded in the Brazilian Criminal Law; the chances of criminal prosecution for crimes against sexual dignity, highlighting the changes, as well as their practical consequences for the legal system; the importance of both collective security as the victim's privacy; also talks about some criminal offenses, such as rape and the rape of vulnerable, because the first united two criminal types who were treated in different items, indecent assault and rape. For the research was used specific methods, such as historical-evolutionary, because you can only understand the reality of protection to sexual dignity, if known history, the past, the crimes against custom. And also the deductive method, to the scope of the issue, comming from large propositions to detail the information necessary for the understanding of what you want to achieve or prove, as the goal of contribution to the research.