ROMEO AND JULIET LAW, CRIMINAL LAW AND CRIMINAL POLICIES: SOME MODERN VIEWS ABOUT AN OLD STORY

Abstract

Brazil is considered to be one of the countries best known for its large-scale sexual tour-ism, mainly involving children and adolescents. It is important to point out that the Brazilian legislation has changed. A major change is the adoption of the concept of a vulnerable victim, in article 217-A of the Penal Code, evolving rapes with victims under 14 years, with or without violence. But what if two 13-year-olds each have sexual intercourse, would they both be simultaneously considered rapists? Several state courts have understood that the case must be more closely analyzed, because if there is consent it should not be seen as a crime. However, the higher courts in Brazil always have had a much more conservative view, especially now, after the Súmula 593 from Superior Tribunal de Justiça and 217-A, §5º, from Código Penal. Anyway, Romeo and Juliet law tries to minimize the legal understanding of this kind of situation, when both consented and have an age difference of less than three or five years. This avoids labels of “rapist” and all consequences this may represent, including online register. Lastly, we will take into account for this work the positions of some Brazilian state and superior courts about it, besides doctrinal re-search in order to demonstrate all those differences. It is not a comparative law study, but it intends do show some of most interesting reflections about a foreign institute which can be very helpful for the Police Investigation.º.