Segurança jurídica na apreciação dos crimes sexuais.

Abstract

Based on the analysis of the current legal norms applied to investigations and trials of defendants for conducting conduct characterized as sexual violations, it is possible to perceive a certain vulnerability index present in the evidential capacity of these cases, given the restricted list of possible and acceptable court productions. In this way, this research examines whether the viability of new forms of proof of the conduct of aggressive behavior, as well as the association of current norms and other theories of investigation, would collaborate to strengthen legal security that must be guaranteed to the victim , but also to the defendant, in any judicial analysis provoked. Therefore, the objective of the study is to demonstrate the current rules applied and the real possibility of imminent risk of error to which the judicial system is exposed in these cases, and then present the perspectives that could be applied to improve the guarantee of fair trials. The importance of this research is observed in the need for constant adaptation and improvement of the techniques of the Judiciary in the analysis of the cases presented to it, so that the society, to whom it should serve and prioritize, has full confidence that the final solution established represents, in fact, justice, taking also into account the reflexes produced in the life of those convicted of sexual crimes and the degree of harmfulness in cases of unjust condemnation. Thus, for the production of the study the adopted methodology was based on a bibliographical review, which analyzed legal, general and specific normative, as well as doctrines, jurisprudence and other contents of scientific production that presented reliable and useful data to the object of study. The results sought by this study did not seek a conclusion in defense of the defendant or victims of sexual violence, but rather to find alternatives that could guarantee legal certainty for both sides involved in such cases, as well as the observance and application of principles that all spheres of law.