The high evidentiary value of the victim's statements in crimes judged from a gender perspective and the guarantee of procedural balance as a fundamental right of the accused

Abstract

This study is directly linked to the 2030 Agenda of the United Nations and the Sustainable Development Goals, specifically Goal 5, which addresses Gender Equality, and Goal 16, which focuses on Peace, Justice, and Strong Institutions. The general objective is to critically analyze the high valuation of victim statements within the gender perspective protocol, as well as the potential impacts of this practice on procedural balance and the constitutional guarantees of the accused. More specifically, the study seeks to identify the main crimes related to gender-based violence within the Brazilian legal system, present the guidelines established by the National Council of Justice in the Protocol for Judgments with a Gender Perspective, and examine the compatibility between the probative value attributed to the victim’s testimony and the constitutional principles of due process and presumption of innocence. The research adopts an inductive approach, supported by doctrinal, legislative, documentary, and jurisprudential analysis, particularly considering Resolution n.. 492/2023 and the 2021 Protocol of the National Council of Justice (CNJ). The relevance of this study is justified by the timeliness of the topic and the growing concern regarding the isolated use of victim statements as the primary evidence for criminal convictions. The article is structured into four sections: following the introduction, the second chapter addresses gender-based violence from a historical-social perspective, as well as the most prevalent crimes within the Brazilian legal framework. In the third chapter, the focus shifts to the guidelines established by the National Council of Justice for gender perspective judgments. The fourth chapter discusses the high probative value of victim statements as evidence in gender-related crimes, along with their application in recent rulings. Finally, the conclusions highlight the need to balance victim protection with the fundamental rights of the accused.