The Loss of Victim Autonomy in the Face of Criminal Action in Crimes Against Honor and Sexual Dignity

Abstract

This study aims to understand the changes introduced by Law 13.718/2018, which came into effect on September 25, 2018. The objective is to analyze how these changes affect the protection of victims of sexual crimes. The methodology involved bibliographic and documentary research on Brazilian penal legislation. The results show that the law expanded protection for victims, increasing penalties for crimes such as gang rape and sexual harassment, and making the action for crimes against sexual dignity publicly unconditional. However, this change removes the victim's autonomy, as they cannot decide whether to initiate prosecution. The discussion reveals that, despite increased protection, the State does not provide adequate support to victims, focusing instead on punishing the perpetrator. In conclusion, the law presents a paradox between protection and autonomy, highlighting the need for balance between these aspects.