A PALAVRA DA VÍTIMA NOS CRIMES CONTRA A DIGNIDADE SEXUAL: O PESO PROBATÓRIO DA “SUA VERDADE”

Abstract

The present work of conclusion seeks to carry out the study about the probative weight of the word of the victim of crimes against sexual dignity. It will address the evidentiary system of criminal proceedings in relation to the crime of rape, with emphasis on the assessment made of the victim's word when there are no other consistent elements, since this crime is often committed in secret. so will be analyzing the criminal type of the crime, foreseen in the Penal Code in its article 213, the related aspects to the test in criminal procedural law, analyzing how the victim's testimony can help the magistrate in the final decision and, therefore, in an effective judicial disposition, which preserves the fundamental guarantees of the parties, not violating the constitutional rights of the citizen, however without the existence of impunity. In this context, the understandings of scholars of the Brazilian law and jurisprudence relevant to the evidentiary analysis of the victim's allegations and their weight in the search for the real truth, analyzing the ways of collecting information reported by this victim, to provide greater legal certainty. To obtain this result, the methodology qualitative through analysis of theoretical references. At the end of the study, it is verified that the valuation of The victim's word will be linked to its reliability to the set of facts established in the process investigation, only in this way will the judge be able to form his conviction for the pronouncement of a just sentence.