Cultura do estupro e a necessidade de prevenção e discussão: uma análise crítica acerca da lei nº 14.069/2020

Abstract

The proposed work aims to analyze what are the consequences observed in a society that perpetuates sexist thinking and, consequently, the culture of rape, and if, in fact, with the creation of Law No. 14.069/2020 (National Registry of Rapists Law) there is a possibility of prevention with regard to the occurrence of the crime of Rape (of its various forms, given the absence of prediction of specific types in the law) in Brazilian society, as proposed and predicted, initially,the legislator. The political framework is adopted as a theoretical reference the feminist critical perspective of law. First, we analyze the crime of rape and your legislative history, including the changes perpetrated by Law No. 12.015/09. Nevertheless, the issue of underreporting of rape crimes as a realityis discussed, paralleling the culture of rape, blaming and victimizing women as a taxable person of crime. In addition, it is discussed, if in fact, what is the culture of rape and whether this is, in fact, a potentiator for the occurrence of sexual crimes. There is the similarity between the Megan/Usa Law and Law No. 14.069/2020, if any results obtained with the establishment of a national registry in the United States, as well as arguments favorable and contrary to the use of a national registry of those convicted of sexual crimes in Brazil. It examines Law No. 14.069/2020, noting possible failures, omissions and violations of the rights and guarantees of the condemned. Controversy arises about the possible (un)effectiveness of the institution of a national registry of convicts for rape in the country. Brings the discussion of punitivism and the latent need of Brazilian criminal policy to create laws to combat certain criminal conduct, without effective and proven results. It supports the need to discuss the culture of rape before society as a way to combat and prevent sexual crimes.