Uma análise acerca do valor probatório da palavra da vítima no crime de estupro de vulnerável.

Abstract

Understanding the system of norms and principles created within the scope of Brazilian legislation provides greater protection for children and adolescents who are victims of any situation that puts them at risk, so it is always necessary to assume that these subjects are conditional as people in evolution, inherently susceptible to their special conditions. Based on this premise, the present research contextualizes the need to illustrate the probative value of the victim's word in the crimes of rape of vulnerable, seeking to analyze and understand its importance in procedural instruction, and the main decisions of the higher courts. Therefore, taking into account that crimes against sexual dignity are committed clandestinely, without the presence of third parties, so that some means of evidence become unfeasible because it is a crime that leaves no traces, and the victim's word is an essential means and strong evidence to impute the conduct to the aggressor. Thus, it starts from the evolution brought by Law nº 12.015/2009, in addressing sexual crimes against vulnerable people, conceptualizing this crime and exposing its evolution and progression in the increase of victims, especially children and adolescents under 14 ( fourteen) years of age. Then, it seeks to show the probative value of the victim's word in the crime of rape of a vulnerable person, elucidating its importance in the general analysis of what happened in the statements made by the victim, through testimony without harm, constituted by a specialized team provided by the forum of the county of origin. Hence, an analysis of the main jurisprudential decisions of the superior courts is undertaken, in order to convict the accused in view of the wealth of details provided by the victims, in order to observe how the courts are positioning themselves and deciding in the face of cases of rape of the vulnerable. . In order to achieve these objectives, the approach method will be used, starting from a general analysis of the crime of rape of a vulnerable person to a specific part of it, that is, the aggressor's imputability, at the victim's word, as well as using it will be based on the bibliographic/explorative method starting from the analysis of doctrines and jurisprudence to better elucidate and analyze the current context of the factual situation, finally, the inductive method that will start from the senses and the particular, that is, part of particular issues until reach general conclusions. Thus, it is emphasized that the probationary value of the victim's word is essential and indispensable for the construction of a set of fundamental elements to reach a satisfactory conviction.