Parliamentarians from PSOL and Rede called the Attorney General’s Office to ask the Federal Supreme Court to annul recent judicial decisions from lower courts that did not recognize the crime against minors under 14 years of age.
The most striking decision occurred on February 11 of this year, when the
The argument accepted by the court was that the relationship was consensual and therefore there could be an exception to the constitutional rule that prohibits relationships with minors of this age.
According to the piece, signed by federal deputies Fernanda Melchionna (PSOL-RS), Sâmia Bomfim (PSOL-SP) and Heloísa Helena (Rede-RJ) and district Fábio Felix (PSOL-DF), the consolidated jurisprudence of the Superior Court of Justice states that “the consent of the victim under 14 years of age, their previous sexual experience or the existence of a romantic relationship do not rule out the configuration of the crime”.
In the piece addressed to the Attorney General of the Republic, Paulo Gonet, the parliamentarians ask him to present an Allegation of Non-compliance with Fundamental Precepts (ADPF) with the STF so that it can reaffirm the rule.
“The jurisprudential construction that admits relativization based on ‘affective bond’ or ‘family nucleus’ proves to be legally problematic, as it shifts the analysis from the objective age element — chosen by the legislator as an absolute criterion of protection — to moral and subjective assessments that the criminal law itself sought to rule out”, he states.
The deputies add that “the admission of exceptions based on supposed consent or asymmetrical affective arrangements reintroduces criteria that are incompatible with the paradigm of full protection and the prohibition of insufficient protection.”
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