Ejacular em mulher constrange, mas não justifica prisão, diz juiz de São Paulo

goo.gl/U1x8sP | Masturbar-se em um ônibus e ejacular no braço e no pescoço da passageira ao lado pode ser constrangedor aos que presenciam e aos que sofreram com a situação, mas não é motivo o suficiente para manter o responsável pelo ato preso, mesmo que ele tenha antecedentes criminais. Com esse entendimento, o juiz José Eugênio do Amaral Souza Neto relaxou a prisão em flagrante de um homem em São Paulo.

O acusado foi preso nesta quarta-feira (30/8) após se masturbar e ejacular na passageira que estava sentada ao seu lado em um ônibus que cruzava a avenida Paulista, em São Paulo (SP). Após o ato, o homem quase foi agredido pelos outros passageiros, mas o motorista do veículo e o cobrador impediram as agressões enquanto a Polícia Militar não chegava.

Ele foi acusado de estupro, mas o juiz converteu o crime para o delito previsto no artigo 61 na Lei de Contravenções Penais: “Importunar alguém, em lugar público ou acessível ao público, de modo ofensivo ao pudor”.

Essa mudança recebeu o apoio da defesa do acusado e do Ministério Público paulista, que se manifestou pelo relaxamento do flagrante. A pena para essa contravenção penal é uma multa que varia entre 200 mil réis e dois contos de réis, segundo a norma.

“O crime de estupro tem como núcleo típico constranger alguém, mediante violência ou grave ameaça, a ter conjunção carnal ou a praticar ou permitir que com ele se pratique outro ato libidinoso. Na espécie, entendo que não houve o constrangimento, tampouco violência ou grave ameaça, pois a vítima estava sentada em um banco do ônibus, quando foi surpreendida pela ejaculação do indiciado”, justificou o magistrado.

Apesar do relaxamento do crime, José Eugênio do Amaral considerou que o ato praticado por Novaes é “bastante grave” e resultou em traumas para a vítima. Ele também considerou o histórico do acusado, que já tem passagens anteriores por condutas que atentam ao pudor, mas ressaltou que a solução para esse problema é o tratamento psiquiátrico e psicológico, não a prisão.

Clique aqui para ler a decisão.
Processo 0076565-59.2017.8.26.0050

Por Brenno Grillo
Fonte: Conjur

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