A fragilidade da condenação por estupro de vulnerável no ordenamento jurídico brasileiro

Abstract

The present work has as objective to analyze the fragility of the conviction for rape of the vulnerable in the Brazilian legal system, in view of the scarcity of evidence. Because it is a crime, commonly carried out in hiding and with no traces, doctrine and jurisprudence, they pacified the understanding that the victim's exclusive word gives sufficient motivation for an eventual conviction. However, this legal maneuver must be viewed with great care, since the testimonies of vulnerable victims can be easily manipulated or disfigured, situations that can cause enormous damage to the defendant, given the dislike inherent in the crime. For this reason, a more assiduous study of the specific case by the operators of the law is essential, in order to avoid an unfair conviction.