VIOLÊNCIA SEXUAL CONTRA MULHER: UMA ANÁLISE DA POSSIBILIDADE DE CARACTERIZAÇÃO DE CANTADAS CHULAS COMO CRIME DE IMPORTUNAÇÃO SEXUAL

Abstract

This article aims to conduct a study on sexual violence against women, specifically a critical examination of sexual harassment. The type of sexual harassment establishes that engaging in a lewd act without someone's consent, with the intention of satisfying one's own lust or that of a third party, may constitute an offense. However, there are doctrinal controversies regarding which behaviors can be considered typical. The majority of authors understand that only invasive acts can characterize the typical conduct, while others argue for a broader interpretation, including gestures or words of a sexual nature, such as lewd comments. The research will employ a deductive approach, a monographic procedure method, as well as bibliographic and documentary investigation techniques. In conclusion, the debate surrounding the crime of sexual harassment and the possible classification of lewd comments highlights the importance of balancing the protection of victims and the rights of the accused. It is crucial to deepen the analysis of legislation and its application, avoiding impunity and excessive punishment. Although offensive and disrespectful, especially to women who are the primary victims of this type of violence, lewd comments do not involve lewd acts and do not reach the level of harm required to constitute the type of sexual harassment.