Teoria de Romeu e Julieta e o ato infracional análogo ao crime de estupro de vulnerável: uma análise frente aos direitos da criança e do adolescente

Abstract

The infractional act analogous to the crime of rape of a vulnerable person refers to an offense committed by a minor that bears a resemblance to the crime of rape of a vulnerable person, but is dealt with within the juvenile justice system. When children and adolescents commit an act that resembles rape of a vulnerable person, it is considered an infraction, not a crime. The juvenile justice system deals with offences committed by children and adolescents and aims to rehabilitate and resocialize offenders, rather than mete out strict punishments. In this context, the so-called Romeo and Juliet theory has emerged, which makes provision for crimes against sexual dignity in cases where there is consensus between the parties and as long as there is little age difference. In view of this, the general objective of this work is to analyze the possibility of applying the Romeo and Juliet Theory in the Brazilian legal system in cases of infractions analogous to the crime of rape of a vulnerable person, based on the fundamental rights of adolescents, especially their right to autonomy. Methodologically, an exploratory, descriptive study was carried out using the monographic method, gathering information from bibliographical research. As a result, it was found that the application of the theory is not universal, but should be applied from a perspective in which the rights and development of adolescents are safeguarded.