A NECESSIDADE DA TIPIFICAÇÃO PENAL DO “STEALTHING” COMO VIOLÊNCIA SEXUAL NA LEGISLAÇÃO BRASILEIRA: ANÁLISE DAS CONSEQUÊNCIAS JURÍDICO-PENAIS NO CONTEXTO DA CULTURA DO ESTUPRO

Abstract

This article focuses on the practice of stealthing, which involves the removal or manipulation of a condom without the knowledge or consent of the partner during sexual intercourse. Its aim is to understand the consequences of the absence of legal classification of this practice in Brazilian legislation and the implications of this legal gap for the victims. To do so, a bibliographic review was used to critically analyze, from a gender perspective, how rape culture and patriarchy within the legal system contribute to impunity in cases of stealthing, creating a control system that reinforces and reproduces gender stereotypes while neglecting the proper legal protection of women's sexual dignity and consent. Through deductive methodology and a qualitative approach, the study sought to examine certain provisions of the Brazilian Penal Code and the Bills currently under consideration in the Chamber of Deputies related to the classification of stealthing behavior. The exploratory research indicated that criminalizing this conduct is an important step since the absence of specific legal classification for stealthing in Brazil could lead to impunity due to the principle of legality in criminal law, which requires specific laws for prosecution. However, penal reform alone is not sufficient to combat the deep-seated patriarchal culture in our society that allows and perpetuates sexual violence against women, requiring a multifaceted and systemic approach to eradication.