Work

Affirmative Consent and the Protection of the Fundamental Right to Sexual Dignity in Brazilian Law

Year: 2025

Type: article

Abstract: Objective: The objective of this study is to answer the question: could incorporating the notion of affirmative consent into Brazilian legislation provide greater protection for the fundamental right to sexual dignity? Theoretical Framework: Initially, the concept of affirmative consent is presented, as well as its development and inclusion in foreign legislation. It then analyzes Brazilian legislation on sexual crimes in relation to the protection offered to the fundamental right to sexual dignity. Method: The methodology adopted for this research includes the qualitative method and is based on bibliographical research. Results and Discussion: The results obtained revealed that laws can be more restrictive, giving more importance to the use of force and threats against the victim of a sexual assault, or more comprehensive, focusing on the non-consensual practice of sexual acts. In this sense, sexual consent has two interpretations: implicit and affirmative. Research Implications: The practical and theoretical implications of this research are broad and impact several areas of law and society. Originality/Value: This study contributes to the literature by addressing an emerging and poorly consolidated topic in the national legal system.

Source: Revista de Gestão Social e Ambiental

DOI: 10.24857/rgsa.v19n3-140

Authors: Elda Coelho de Azevedo Bussinguer, Brenda Figueiredo Lima, Claudia Bitti Leal Vieira

Institutions: Universidade Federal do Rio de Janeiro, Faculdade de Direito de Vitória

Language: English

Topic: Criminal Law and Policy

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDGs: Peace, justice, and strong institutions, Gender equality, Reduced inequalities

Open Access status: hybrid

OpenAlex ID: W4409020587

FWCI:

Cites: 9

Cited by:

Related to: 10