A ação penal pública incondicionada ao crime de estrupo contra a mulher: uma análise das suas repercussões frente à autonomia da vítima e da violência institucional

Abstract

The unconditional public criminal action allows the Public Ministry to initiate and conduct a criminal case of rape against the woman, regardless of the victim's will. This approach aims to combat impunity and break with the culture of silence, ensuring the protection of victims' rights. That is, the unconditional criminal action compromises the victim's autonomy by removing his ability to decide on the process, as well as it can be considered a form of institutional violence, since it imposes a state intervention that can reinforce stigmas, revictimize the victim and subject it to an exhausting court case. The objective of this research is to analyze the consequences of unconditional criminal action in the crime of rape against women in Brazil, considering the victim's autonomy and institutional violence. The methodology used was exploratory, with a bibliographic survey, a deductive method and a qualitative approach. The work is justified by the search for justice and protection of victims, fight against impunity, promotion of victims' autonomy and prevention of institutional violence, in addition to the personal impact that the crime of rape has on victims.