Crimes sexuais contra adolescentes

: os artigos 172º e 173º do Código Penal à luz da Lei nº40/2020

Abstract

The present research study focuses on sexual crimes against adolescents, in particular, the crime of sexual abuse of dependent children or in a particularly vulnerable situation and the crime of sexual acts with adolescents (arts. 1 2 and 1 3 CP, respectively). We defined as our goal the constructive and critical analysis of the protection of adolescents' sexual freedom and self-determination. To this end, we begin with a reflection on the historical evolution of these crimes, and then we reflect on the situations of invalid (or addicted) consent of adolescents. At a later time, the core theme of this work is presented and developed: the critical comparison between art. 1 2º CP and art. 1 3º CP, in the light of Law nº40/2020, which profoundly altered the first legal type of crime mentioned, and for that we wonder whether it makes sense to maintain the second. In order to ground our investigation, in addition to opposing the incriminating norms under analysis, we also proceeded with an exercise of hypotheses: we appreciate jurisprudential decisions, prior to the entry into force of the new law, and we try to figure out what decision would be made today, taking into consideration the legislative change that happened. Finally, we allude to a problem that cuts across the various legislative changes, which concerns the criminal frames of crimes typified in arts. 163º/1 and 164º/1 CP aggravated due to age, in comparison with those that arts. 1 2º and 1 3º CP consecrate.

Date of Award	21 Jul 2021
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria da Conceição Cunha (Supervisor)