A APLICAÇÃO DAS PENAS PARA O CRIME DE ESTUPRO DE VULNERÁVEL NO BRASIL: DIFICULDADES PROCESSUAIS E OS DESAFIOS NA PRODUÇÃO DE PROVAS

This article aims to discuss the challenges faced by the Brazilian criminal justice system in applying penalties for the crime of rape of vulnerable individuals, as defined in Article 217-A of the Penal Code. The central issue lies in analyzing and understanding the legal, institutional, and evidentiary obstacles in the enforcement of penalties for this specific offense. Thus, the general objective is to critically assess these difficulties within the Brazilian context. More specifically, the study seeks to examine the legal basis of Article 217-A of the Penal Code; identify obstacles in the production of evidence; evaluate the institutional performance of legal professionals; and propose strategies to enhance the effectiveness and humanization of criminal proceedings. The methodology used is qualitative, based on bibliographic, documentary, and case law review, focusing on procedural difficulties that arise from the initiation of the investigation to the sentencing phase, as well as the complexity of evidence production in cases that predominantly involve child victims or individuals with intellectual disabilities.