Valoração da palavra da vítima x princípio da presunção da inocência: uma análise à luz da escassez probatória no crime de estupro

Abstract

The research in question addresses the topic “valuing the victim's word versus the principle of presumption of innocence”, focusing its analysis on the scarcity of evidence in rape cases as provided for in art. 213, of the Penal Code, with the primary objective of carefully examining the body of evidence in order not to violate the principle of presumption of innocence. To achieve this purpose, the study begins with an analysis of legislative changes over time in the definition of the crime of rape and then the means of evidence available in the Brazilian criminal process are outlined, with emphasis on the purpose of the evidence in this case. context. Additionally, evidence collection techniques in rape cases and the difficulties associated with obtaining this evidence are explored, bearing in mind the clandestine nature of this type of crime, and it is notable that, frequently, in criminal proceedings that aim to investigate rape, the The victim's word is the only instrument of evidence available, since other means of proof may be non-existent. Finally, the research addresses the dilemma between the need to consider the victim's word and the impossibility of a conviction based solely on this testimony, examining the relevant jurisprudential and doctrinal positions on the topic