A credibilidade da voz feminina na Justiça : entre a presunção de inocência e o valor probatório da palavra da vítima no âmbito da Lei Maria da Penha

Abstract

This project aims to analyze the probative value of the victim's words in light of the principle of presumption of innocence in the trial of crimes involving domestic violence against women. The method used was doctrinal and jurisprudential analysis, especially from the Court of Justice of Sergipe. Furthermore, we sought to define the concept of domestic violence, focusing on the Maria da Penha Law (nº 11.340/06), in addition to the conceptualization of the types of violence present there. As the main problem, the study focused on the question of whether the victim's word in crimes of this type is sufficient to rule out the principle of presumption of innocence and lead the defendant to a sentencing decree. To this end, a wide range of doctrine was used, demonstrating that allegations of the offense must be used with caution in criminal proceedings, given the obligations and possible interests that these people have in unraveling the facts. As a conclusion for now, it appears that, although the statements made by the offended parties have a different probative value in these types of crimes, they must be consistent and in harmony with the other evidence in the case. In this context, the project makes it clear that both the vulnerability of victims must be respected and the guiding principles of the Brazilian legal system must be preserved, such as in dubio pro reo and the presumption of innocence.