A relativização do princípio da presunção de inocência nas acusações de violência sexual

Abstract

This work aims to analyze the importance of Fundamental Rights as limiting the power of the State, as well as the application of the Principle of Presumption of Innocence, especially in the accusations of crimes of sexual violence and to correlate the questioning whether this application occurs in a effective or if the principle is relativized, with the possibility of applying the Theory of Criminal Law of the Enemy, by the German professor Günther Jakobs. The analysis of this correlation occurs through the critical analysis of some trials of real cases of charges of crimes against sexual dignity, from a legal and protectionist perspective of fundamental rights and guarantees. Considering the adequacy or not of the practices of society and the State, including its agents, through the treatment given to the accused of this type of crime, but without ignoring the incidence of real cases of sexual abuse. The methodology used will be the bibliographic review. From this analysis, it appears that, due to the strong feeling of disgust for the imputed conduct, added to the biased disclosure by the media, there is the stigmatization of the accused, who starts to receive even worse treatment than those who were guilty proven through due process.