As configurações do crime de estrupo nas relações conjugais

Abstract

The present work presents as “The configurations of the crime of rape in marital relations”. Therefore, the main objective is to analyze the configuration of the crime of rape in marital relations, since this illegal practice spent many years invisible to the detriment of the association of marital subsidy with sexual relations within the marital womb. In addition to the specific objectives, namely: to verify the concept of family and marital duties, to present the social institute family, as well as marriage, understand the crime of rape in Brazil, as well as verify its historical aspects, its concept, subjective elements and objectives, in addition to the subjects in this type of crime, and finally, to demonstrate what rape is in marital relations, as well as violence against women in their marital womb, as well as the role of the Maria da Penha Law as the main instrument of protection of these, presenting the incidence of this type of rape in the country, demonstrating with real examples that marital rape exists. The data were analyzed following the bibliographic methodology, according to the analysis of the relevant legislation, scientific research and articles available in institutional repositories, in addition to the analysis of doctrine on the subject, as well as judicial decisions handed down in favor of the victim of marital rape. As a result, it was demonstrated that the invisibility of this type of crime is still accentuated, in addition to the fact that society does not understand the seriousness of this crime, and mainly, due to rooted machismo and prejudice, the victims do not find the necessary reception, which it also has an impact on the small number of complaints regarding this type of crime.