O barebacking na perspectiva da vitimodogmática

Abstract

This work aims to investigate the tensions between individual autonomy and criminal law in the phenomenon of barebacking sexual practices. In order to claim this notion, it runs through the impasses around individual freedom and legal paternalism, to focus on the limits and possibilities of the contribution of the victim's conduct that puts himself in a danger situation for the author's (in)accountability from the perspective of the Vitimodogmatic proposal. The hypothesis raised considers the need of the State to retreat when it faces choices of sexual self-determination. As for the method, it will merge the deductive and inductive, taking a qualitative approach; assuming an exploratory and descriptive form regarding the objectives, and adopting bibliographic and documentary procedures. In this development, the first chapter presents the object, which encompasses sexual relations between HIV seropositive and seronegative, aware of the risks of seroconversion. Then it enters the field of philosophical debates about individual autonomy and its clashes with the rule of law by the debates around legal paternalism. In the next chapter, introduces the shields of criminal dogmatics that tried to incorporate the influences of the victim's autonomy, especially the Victimodogmatics. Finally, it describes the conditions of possibility for adopting or departing from the Vitimodogmatic perspective in this case.