A POSSÍVEL FRAGILIDADE PROBATÓRIA DA PALAVRA DA VÍTIMA EM CRIMES SEXUAIS

The Legal Relevance of the Victim’s Testimony in Sexual Crimes: An Analysis Under the Presumption of InnocenceThis paper examines the legal relevance of the victim’s testimony in sexual crimes from the perspective of the presumption of innocence. To this end, it provides a brief historical review of the construction of the concept of rape and its criminalization in Brazil, as well as an analysis of the legislative changes that have occurred over time.The paper then discusses the relevance of the victim’s testimony in the criminal process, considering the principles of the presumption of innocence, the right to a full defense, and the adversarial system. It also presents some considerations on the procedural guarantees applicable to sexual crimes, as well as on the State’s responsibility in cases of wrongful conviction.Finally, the paper analyzes the case law of the Courts of Justice and the Supreme Federal Court regarding this type of crime.