THE EVOLUTION OF LEGISLATIVE UNDERSTANDING AND BRAZILIAN JURISPRUDENTIAL JURISDICTION ON THE RAPE OF A VULNERABLE: ANALYSIS OF THE TYPIFICATION OF LERSIVE CONTEMPLATION AS A LIBIDINOUS ACT ACCORDING TO THE STJ

The article analyzes the changes in the legal system, both in the legislative, jurisprudential and doctrinal aspects, regarding the crime of rape and its modalities, mainly with regard to conduct that leads to the rape of a vulnerable person, as well as the changes arising from Law no. 8,072/90 and 12,015/09, which brought innovations, such as the classification of the crime of rape as a heinous crime, and also the inclusion of the vulnerable rape modality in the Penal Code, respectively. On a second level, the discussion about the typification of lascivious contemplation as a libidinous act in the rape of a vulnerable person is analyzed, pointing out judgments and doctrines that deal with this topic. Thus, strengthening this understanding, demonstrating that there is no need for physical touch for the victim's sexual dignity to be violated and the crime of rape of a vulnerable person to be committed.