Estupro de vulnerável: a palavra da vítima e a fragilidade da prova

• Autor(a) principal: Souza, Mariéli Camargo de
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/15751
• topic: Estupro de vulnerável; Falsas memórias; Provas; Condenação

The following work goals to analyze the statutory rape, to identify either the victim's word is enough evidence to file a conviction or not. The methodology used was a bibliographic survey of books, magazines, annals and blogs; as well as documentary: official documents, laws, judgments, jurisprudence, doctrines and legal journals. The method adopted was deductive, qualitative approach and classification of the objectives into descriptive and exploratory. In order to answer the problem-situation, the theory of evidence kind-like was addressed - with an emphasis on testimonial evidence, in which, according to the majority doctrine, is defined as fragile evidence, but that in criminal proceedings is often the case, the only means of proof -, the principles that guide the criminal prosecution, highlighted in this point, the principle of in dubio pro reo, emphasizing the judge's responsibility to always decide in favor of the defendant when analyzing dubious evidence. Sexual crimes were also studied, emphasizing the innovations brought by the Legislation 12,015 of 2009. False accusations and their relationship with false memories were analyzed, as well as the parental alienation and the suggestibility practiced by the professionals who carry out the “Special Testimony”. It was concluded, therefore, that it is possible to condemn someone only with the victim's word. However, when convicting someone based on just one piece of evidence, magistrates are risking to convict an innocent.