A valoração da palavra da vítima como principal prova para a condenação do acusado nos crimes de estupro e estupro de vulnerável.

Abstract

Most crimes of sexual abuse are committed in the underground, being very difficult the production of evidence besides the testimony of the victim, who assumes a fundamental role for the process. Thus, this monograph aims at analyzing some of the evidence available in Brazilian criminal law, identifying the value of the victim's word in cases of sexual abuse, as well as the possibility of basing the testimony of the victim of sexual abuse as the main evidence of the crime to reach a conviction. It is a qualitative research, carried out by means of a deductive method and a technical bibliographical and documentary procedure. Thus, the first notes deal with the general theory of proof, probative principles and the search for truth in criminal proceedings. Next, we analyze some of the evidence in Brazilian criminal law. Finally, it examines crimes of sexual abuse, especially rape and rape of the vulnerable, an analysis of the assessment of the victim's word in cases of sexual abuse and, finally, the possibility of using the victim's word as the main procedural evidence capable of supporting a conviction. In this sense, it is concluded that the word of the victim is of fundamental importance for the criminal process, being recognized by the doctrine and jurisprudence as the main evidence in cases of sexual abuse, therefore possible the foundation of a condemnation if such evidence is of according to the other elements gathered in the process. Otherwise, if the victim's word is inconsistent with the other elements or the evidence is minimal, the best decision is acquittal of the accused.