O dilema da instrução probatória nos delitos de estupro: uma análise das garantias fundamentais do acusado e da vítima no processo penal

Abstract

This research proposes an analysis of the dilemma existing in the evidential instruction related to the crimes of rape and rape of vulnerability in the light of the fundamental guarantees of the accused and the victim. The problem is based on the need to conjugate the support to the victim, under penalty of the occurrence of revictimization phenomena, and the protection of the accused in face of an accusation that, most of the times, is based solely on the victim's testimony. The complexity of the evidence in these cases gave rise to the main objective of this work, which is to know if the system of guarantees and the principles derived from it should give way and suffer mitigation before the word of the victim as a means of evidence, by means of the admissibility of the so-called lowering of the evidential standard. As methodology, a bibliographical review and jurisprudential analysis were used. The final results demonstrated that the instrumentality of the guarantees is an important beacon to guide the evidential instruction of the aforementioned crimes, in such a way that its meaning can be deepened and improved with the adoption of epistemological perspectives that take the victim into consideration, without, however, meaning the abandonment of the formation of an evidential standard that is minimally robust and capable of overcoming any reasonable doubt regarding the non-culpability of the accused.