Imprescritibilidade do crime de estupro: reflexos do caso “João de Deus” e a necessidade de alteração no artigo 5º, XLII da Constituição Federal

Abstract

The work brings up a discussion about the possibility of alteration in article 5th, XLII of the Federal Constitution, so that the crime of rape can be added to the list of imprescriptible crimes, in view of the internal and external consequences caused on the victims' lives. As the prescription is a fundamental guarantee and a means of limiting the State's punitive power, the purpose of removing it, when the crime of rape is evident, is analyzed based on national data on the number of rapes that occurred between 2017 and 2019, as well as the percentage of underreporting in relation to this crime. This paper also sought to carry out a study on the emblematic case “João de Deus”, considering the number of victims and the international repercussion. However, for this change in article 5, XLII of the Federal Constitution to take effect, it remains essential to demonstrate the feasibility of constitutional change without transgressing the limits of the Reforming Power, respecting constitutional sovereignty. Finally, the progress of PEC 353/2017 and the particularities of its text, as well as the developments that this change could imply for the victim and the accused, since the PEC proposes the imprescriptibility for the crime of rape. It is noteworthy that due to the recent nature of discussions involving the theme, although there has been the use of legal doctrines, laws and books, most of the bibliographic research has taken place in academic articles already public in renowned journals and legal events.