RECOLHIMENTO DE PROVAS EM CASOS DE ESTUPRO: DESAFIOS E PERSPECTIVAS NA EFETIVAÇÃO DA JUSTIÇA CRIMINAL

Abstract

Criminal law is the area of public law whose function is to regulate the punitive power of the state. The legislative power has the normative function and criminal law has the function of regulating the application of penalties to people who have committedcrimes, offenses and infractions. Law 13.718/18 typifies the crimes of sexual harassment and disseminating a rape scene. In order for a person to be convicted and pay for this crime, it must be proven that they committed it and this is decided by the appointed judge, who uses the conviction of the gathering of evidence to judge. The aim of this research is to analyze how the gathering of evidence works in the case of rape, demonstrating the challenges and prospects for achieving criminal justice. The aim of this research was to identify the need to gather evidence in rape cases, listing the evidence that can be presented in this crime and verifying what happens in the absence of this evidence. The methodology used was a bibliographical review, based on an analysis of academic works on the proposed topic, such as books, theses, dissertations, articles, among others. The research achieved the desired result, demonstrating that the collection of evidence in the crime of rape is of immeasurable importance, since this is the only way for the judge to have a basis for making a decision, which occurs through the collection of the victim's testimony and with the expert report of the corpus delicti, since these are crimes committed in secrecy.