O DEPOIMENTO DA VÍTIMA EM CRIMES DE VIOLÊNCIA SEXUAL ENQUANTO MEIO DE PROVA DO PROCESSO PENAL: enfoque nos riscos Judiciais do depoimento com viés calunioso

Abstract

This article proposes an analysis of the means of evidence available in criminal procedural law in crimes that offend sexual dignity, thus highlighting the probative value of the victim's testimony against the other evidence allowed in law. Such an approach is justified by the constant discussions about the judicial risks of a criminal prosecution based only on the victim's testimony, which are not immune from having a slanderous bias or being out of step with the other evidence presented. Therefore, the bibliographic review will be the methodological basis of this research, since practically every scientific work uses, at some point, bibliographic research, given the high volume of information that this method provides to the researcher. The analysis showed that several emotional, personal and psychological factors can lead to the judicial risks of condemning a crime against sexual dignity, when only the victim's witness is observed. Therefore, it is up to the State to create effective public awareness policies, starting with convictions within the limit established by law and changes in the production of evidence in accordance with legal provisions.