Abstract
This study seeks to investigate whether recognizing the crime of rape in its virtual form violates the constitutional principle of legality, considering the lack of legal provision on the circumstance related to technology. Thus, the main objective of the research is to evaluate the feasibility of a new legal classification for this criminal category, in order to ensure the primacy of the Federal Constitution with regard to the principle of legality and, consequently, ensure other fundamental precepts of the Supreme Law, such as the principle of human dignity, given the essential incidence of the aforementioned principle in the protection of legal assets and in the regulation of the duty to punish attributed to the State. The research adopts a bibliographic and qualitative approach, analyzing the factual context based on doctrines, legal provisions and case law. Through the study in question, it was possible to conclude that, although the scenario of Criminal Law in the digital sphere is one of uncertainty, there is no violation of the constitutional principle of legality, when the necessary elements of the criminal type listed in article 213 of the Penal Code are configured.
Published Version
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