Depoimento especial e antecipação de prova no caso de estupro de vulnerável

Abstract

Unfortunately, in Brazil, the crime of rape of the vulnerable has a higth rate of occurrence. Likewise, they are high as evidencial difficulties for this crime, since, in most cases, the only evidence that can be obtained is the testimony of the victim. However, this testimony can be compromised with the occurrence of false memories, as well as it can end up generating institutional violence ( the revictimization). Thus, seeking to protect children and adolescents suffered by violence, law 13.431/17 was created, which deals with the special testimony, as well as forecasts of cases in adverce of evidence for its harverst. The present work demonstrates how the efficient application of the special testimony and the anticipation of evidence can contribute to the protection of occurrences in cases of rape of the vulnerable, avoiding re-victimization, as well as, it can strengthen this type of evidence by preventing false memories, thus being able to contribute thus for more just convictions.