O Crime de Estupro de Vulnerável e o Estatuto da Pessoa com Deficiência.

The present work seeks to discuss the provisions of article 217-A, § 1°, of the Penal Code in relation to the Statute of Persons with Disabilities (Law n. 13.146/2015), specifically with regard to the freedom of mentally disabled people to have sexual relations. In light of the deductive approach method and the bibliographical documentary research procedure, a systematic analysis of the aforementioned legal provisions was carried out, in order to demonstrate that the conflict between the norms is only apparent and that the Statute of Persons with Disabilities in no way interferes in characterizing the crime of rape of a vulnerable person, it is necessary, in fact, to determine, in each case, whether the illness or mental disability that a certain individual suffers from causes the lack of discernment to consent to the practice of the sexual act. It is also highlighted throughout the work that sexual freedom is one of the rights of personality and is one of the aspects of the Principle of Human Dignity. [ABSTRACT FROM AUTHOR]