Dignidade sexual como fruto da dignidade da pessoa humana: homossexualidade, prostituição e estupro

Abstract

The central purpose of this work is to identify the areas of human sexuality permeated by a strong conservatism in opposition to the idea of sexual dignity as a result of human dignity. From this axis, the themes of homosexuality, prostitution and rape were analyzed, passing the historical evolution, the conceptual implications, in order to delimit the phenomena object of study and the need for regulatory and political-criminal review, from the premises assumed, notably the principle of human dignity and the postulate of proportionality. The thesis, then, analyzes the following issues: the decriminalization of sodomy and criminalization of homophobia; the decriminalization of the prostitution sorroundings and its recognition as a legal working activity; fixing guidelines to correct, in the crime of rape, the discrepancy between the punitive rigor and performing minor sexual acts; the criminal irrelevance, under certain conditions, of sexual contact between consenting adults and adolescents and in such cases, the legal effectiveness of the victim's marriage to the agent; finally, the prohibition of chemical castration as a criminal penalty