O valor probatório da palavra da vítima no crime de estupro e a jurisprudência do Superior Tribunal de Justiça - STJ: análise de casos com grande repercussão midiática

Abstract

This paper focuses mainly on the probative value of the victim's word in the crime of rape and the case law of the Superior Court of Justice (STJ). The general objective was to analyze whether the Superior Court's understanding of attributing special probative value to the victim's word in crimes against sexual dignity violates the constitutional principle of the presumption of innocence and, consequently, the in dubio pro reo. To this end, the second chapter explained the need to interpret criminal procedural laws in light of the Federal Constitution of 1988, observing the procedural principles and guarantees described in the CF/1988, among which are the dignity of the human person, due process of law and the presumption of innocence. The third chapter addressed the constitutional principle of the presumption of innocence, presenting its doctrinal systematization in three meanings, which are treatment standard, evidentiary standard and judgment standard. It was highlighted that in dubio pro reo is a manifestation of this principle and that to overturn this presumption, the judge must analyze the evidentiary material presented by the prosecution, identifying the sufficiency of the evidence to convict or not the accused. Because the doubt is in favor of the defendant. The sufficiency of the evidence is determined by the evidentiary standard, and the evidentiary standard adopted in Brazilian criminal proceedings is proof beyond all reasonable doubt. In the fourth chapter, a brief historical, legislative and doctrinal analysis was made on crimes against sexual dignity, with emphasis on the crime of rape (art. 213 CP). This crime, as well as other crimes that violate sexual dignity, occur in deserted places, when the victim is alone, and often leave no trace, which makes it difficult to prove through evidence, if not the victim's testimony. This is why the STJ adopted the understanding studied. The research is exploratory and descriptive in nature; a survey was carried out of materials with data already analyzed and published in written and electronic media. It is concluded that this understanding violates the constitutional precept of the presumption of innocence in the three doctrinal meanings mentioned. The creation of courses for the training of judges that address the use of these concepts in a practical way when making decisions was defended, and public investment in the training of police officers to support victims of these crimes. And the creation and dissemination of educational campaigns on social media about the consequences of false reports on the life of an innocent person.