The “supervalorization” of the word of the victim woman in the frame of clandestine crimes

Abstract

The purpose of this article is to analyze the word of the female victim as a means of proof for criminal conviction in the context of clandestine crimes. In Brazil, the jurisprudence emanating from the courts, due to the clandestine nature of certain crimes, such as sexual crimes and violence against women, especially because of the lack of eyewitnesses and other evidence to be compared to criminal prosecution, receive, on the part of the judge, valuation credited, in an almost absolute way, the word of the victim within these criminal typologies, as far as the criminal conviction is concerned. This article sought to reflect on the exacerbation of such evidence, wondering if such evidence should be taken to such an absolute level in all cases, under penalty of undue condemnation. In the face of the problem, we also sought to address the deficiency of the current legal system regarding the fundamental rights of the victim, the nonobservance of the psychological aspects and the reflexes in his testimony. Likewise, it has been found that the judge, by not adopting a model that understands the victim as the addressee of the legal norm, under the auspices of the democratic model of law, ends up himself embarking on vicious and little tried statements, which he often does take the statements of the offended in an absolute and little studied, leading to an unwanted unjust sentence as well as a system addicted to which women, use the public machine as practicing even revenge, bringing injustices in concrete cases, which will be the object of present work.