A palavra da vítima como elemento suficiente de convicção para condenação dos acusados de crime de estupro

Abstract

The present work is justified by the continuity and perseverance of rape crimes, especially against women. Through a qualitative method, with a deductive approach, based on the reading of books, scientific articles and data from official publications, it intends to develop a foundation for a new perspective in the criminal process, in the Brazilian system, to change the current scenario. Initially, it discusses a factual context of rape, with the history of the crime and its founding culture. Subsequently, it examines the elements of criminal evidentiary law, regarding the meaning of evidence, the principles of criminal proceedings relating to evidence and the decision criteria, the so-called decision criteria. Done the legal and factual-cultural contextualization, it examines, in the end, if, in rape crimes, the victim's word could be a sufficient to condemn the accused, even without any other elements, reflection on the well-established sexist cultural environment, the victim's role in the construction of the truth and the weighting of conflicting principles. Thus, the study leads to an intricate result, as there is a conflict between the freedom of the accused, supported by the presumption of innocence and in dubio pro reo, and the effective protection of the victim's dignity and collective security itsel