A condescendência do Judiciário brasileiro com os criminosos sexuais de acordo com a vida pregressa e comportamento social da vítima.

Abstract

The Judiciary is the promoter of justice and representer of the legal prerogative to punish, the magistrate being considered the representation of the will of the State when it is sentenced. However, the judge, as above all a human being, has his own cosmos of values and experiences, which result in opinions, that may be the guide he needs to correctly apply the law. However, some offenses have a closer relationship with social opinion, and rape crime is always brought back to the agenda because it is not always treated in the abstract and distant way as the law imposes, and magistrates, especially men, are senders of decisions with a strong discriminatory and analytical content, not about the evidence of the crime, but the social facts of both the accused and the victim, discrediting his word even when it is her only proof, something common in rape. It is questioned how the trial of sexual crimes obliges the victims to organize a defense, since both the accused and some magistrates, inquire about their habits, relationship with the abuser, previous sexual life and intentions to instigate the judiciary in criminal court, still using misogyny in they judicial speech, as if only having her sexual dignity was not enough to justify her denunciation.