A valoração diferenciada da palavra da vítima nos crimes contra a dignidade sexual: uma resposta jurisprudencial ao problema social

Abstract

The present undergraduate thesis consists of a study about the differentiated assessment of the victim’s testimony thesis, reflecting on the criteria adopted by brazilians Superior Court of Justice (SCJ) in cases which the thesis apply and on the procedure shortcomings capable of compromising accuracy’s degree on testimony collection carried on from the investigation phase. The first two chapters are dedicated to exposing the effects of the adoption of the guarantist model on the process of production and valuation of evidence, emphasizing the option for the accusatory model and consequences of presumption of innocence as of judgment rule. The three subsequent chapters address the problems that come from the differentiated assessment of the victim’s testimony thesis, clarifying on the clandestine context in which the thesis is applied, the case law response to it and, at least, the issues that emerge from this application. It’s crucial to highlight that, on the case law analysis, 59 collegiate decisions judged between 2023’s January 1st and 2024’s December 31st were utilised, all obtained by consulting SCJ’s case law system data and the selected search made available by the court. Finally, the last two chapters are dedicated to speculating on possible resolutions to the problems previously expanded upon, looking forward to assure greater accuracy in the process of collection of victim’s testimony, reducing the incidence of false memories phenomenon, and searching for procedures and formulas that are capable to grant effectiveness to the criteria utilised by the SCJ in case law as whole, guaranteeing greater legal certainty in the sexual misconduct investigations and hearings.