Estupro conjugal e (in)visibilidade: até que a violência nos separe

Abstract

The crime of marital rape in Brazil increased by 10% from 2011 to 2017, according to research by DataSenado 2017, however, there is a shortage of record of this crime by the Judiciary. From this relationship we seek in this work to analyze the main causes and factors that are related to the absence of reporting this crime. The crime of conjugal rape is linked to the social understanding of marriage as a sexual contract, which gives the idea of free access to the woman's body in the constancy of marriage, sex as a bond or marital debt. Brazilian civil law has historically compacted with such an understanding as it instituted a patriarchal right and conceived unequal treatment of men and women. The method used was hypothetical-deductive. The research technique was documentation, through bibliographic research, government reports and research on digital platforms of courts, such as TJ / PB, STJ and STF. Such a survey attests to the absence of this crime on the websites of these courts, a fact that contradicts the increase in marital rape noted in government reports. It is possible to conclude the incompatibility between the recognition of the existence of the crime and the lack of complaint.