A prática do stealthing e a insegurança jurídica brasileira: uma análise à luz do Código Penal e da violência de gênero

Abstract

The present work seeks to elucidate the practice of stealthing from the perspective of gender violence and legal uncertainty linked to the Penal Code, using descriptive methodology. The practice of stealthing consists of the act of removing the condom during sexual intercourse without the partner's consent, however, there is in fact no specific classification of this conduct in current legislation, a factor that culminates in the insecurity of victims of this practice. In this way, the research aims to analyze stealthing in terms of possible adaptations to the criminal type, also analyzing the concept of gender violence, linked to the historical factor related to patriarchal culture and crimes against sexual dignity, specifically stealthing. Therefore, we sought to elucidate the real legal uncertainty and risks related to this practice. As a conclusion, it was understood that the lack of a specific criminal type for stealthing leads to the hermeneutics of judges and the inefficiency of protecting the sexual dignity of women, so that the mere analogy to the already foreseen criminal types is not enough to observe all the particularities and risks related to this conduct.