BEIJO LASCIVO FORÇADO: ESTUPRO OU IMPORTUNAÇÃO SEXUAL?

Abstract

This research proposal aims to explore an unresolved issue within criminal law concerning sexual violence. Taking into account the inclusion of the concept of 'sexual harassment' in the Penal Code through Law 13.718 of 2018, the objective of this study is to assess the typological adequacy of the act of forced lascivious kissing, by considering the perspectives of authors before and after the legislative modification. The primary motivation behind this inquiry lies in the quest for clarity in the classification of this conduct, given the current legal framework's potential for disproportionality in penalizing violent libidinous acts. Employing a deductive approach and a monographic procedural method, in addition to bibliographic and documentary research techniques, with a focus on relevant authors in Criminal Law, it has been ascertained that, although the conduct can be categorized as rape, there is an interpretative trend to classify forced lascivious kissing as 'sexual harassment,' in order to adhere to the principles of proportionality, reasonableness, and social adequacy. Nevertheless, the research suggests the necessity of legislative revision aimed at harmonizing the penal system, taking into consideration the varying degrees of severity in these behaviors and proposing penalties that are more individualized and equitable.