“Rape cannot be relativized”, says deputy about STJ decision

Federal deputy Silvia Waiãpi (PL-AP) said she was “perplexed” by the decision of the Superior Court of Justice (STJ) that annulled the conviction of a 20-year-old man arrested for raping a 12-year-old girl with whom he had a relationship for three months leading to pregnancy.

As reported by People’s Gazettethe case was judged by the STJ, on Tuesday (12), after the defendant was sentenced to a sentence of 11 years and 3 months in prison in the First Instance and was acquitted by the Court of Justice of Minas Gerais (TJ- MG) under the allegation that he did not know he was committing a crime.

“Rape cannot be relativized. There is no such thing as light, medium or severe rape. So the sexual abuses that occurred in Amapá, Amazonas, Rondônia, Roraima and even on the island of Marajó, in Pará, are not rapes? From now on children will be able to be subjected to rape?” asked the parliamentarian in a note sent to People’s Gazettethis Friday (15).

According to the deputy, the decision disregards article 217-A of the Penal Code, which characterizes the crime of rape of a person vulnerable to the practice of carnal intercourse or other libidinous act with a minor under 14 years of age, regardless of the victim’s consent or their sexual past. .

“We are opening a negative jurisprudence in the defense of vulnerable people. A path of no return that goes against the fight against sexual abuse and exploitation against children”, he concluded.

On Thursday (14), when commenting on the matter, Senator Damares Alves (Republicanos-DF) said that “they used early childhood to protect criminals”.

The trial at the STJ

After the decision of the Court of Justice of Minas Gerais (TJ-MG) in favor of the defendant, the Public Ministry of Minas Gerais (MP-MG) entered the STJ with a Special Appeal (ARE).

The ministers who voted to confirm the TJ-MG decision said that it was an “exception” and a “concrete case”, which, in the view of the judges, will not interfere in other judgments on the same topic.

The case was reported by minister Reynaldo Soares da Fonseca, who claimed the man’s ignorance, of rural origin, about the commission of the crime and the creation of a baby as justifications for not maintaining the conviction for rape of a vulnerable person, even if the crime is classified in article 217-A of the Penal Code.

The rapporteur’s vote was accompanied by ministers Ribeiro Dantas and Joel Ilan Paciornik.

Only ministers Messod Azulay and Daniela Teixeira voted to maintain the defendant’s conviction. Both warned of the seriousness of the precedent and the legal uncertainty created by the majority decision.