A PRODUÇÃO DE PROVAS NOS CRIMES DE VIOLÊNCIA SEXUAL: REFLEXÕES NO ÂMBITO DO DIREITO PENAL E PROCESSUAL PENAL

Abstract

Sexual violence is considered one of the most heinous violations of human rights and dignity and exposes victims to physical and psychological consequences. Criminology has advanced in the discussion on the subject, as well as women's rights to defend themselves from these types of aggression, in a way, have been expanded. The literature has also progressed with regard to technology in the production of evidence, from the victim's word, which became more relevant, to the methods of producing the forensic examination, which, therefore, enabled greater legal certainty for women. However, even with all these advances, there is still a lot of structural gender inequality in the norms and judgments of these crimes, in addition to the numerous re-victimizations to which women are subjected by the authorities of power. The present work aims to research how the evidence collection procedure is carried out in crimes against sexual dignity, making reflections from the criminal process with critical perspectives, such as gender. In methodological terms, the research makes a review of the literature on the subject, with research of articles, monographs, dissertations and theses, also covering the doctrine of Soraia da Rosa Mendes, the most advanced work on the subject.