THE CRIME OF RAPE AND THE VICTIM'S WORD AS THE MAIN EVIDENCE: A GUARANTEE OF WOMEN'S RIGHTS OR A DAMAGE TO THE BRAZILIAN CRIMINAL PROCESS?

Abstract

The general objective of this article is to analyze the historical problem surrounding the construction of the figure of rape, with regard to patriarchy, in order to understand to what extent the differentiated treatment given to the word of the rape victim in Brazil can be seen as a advancement of women's rights or an injury to the rite of Brazilian criminal proceedings. In the social aspect, it assumes the role of exposing patriarchy in Brazilian society and how the perpetuation of misogynistic thinking was able to affect the generations that came along, leaving women in places of submission, including in the legal sphere, in order to delay the fight for Your rights. The work covers topics such as marital rape, the victimization of the victim, gender violence and the types of evidence in the Brazilian criminal process. The methodology used is bibliographic and qualitative research, structured through theoretical and documentary references on the topic, and the search for diverse opinions and perceptions related to the object, with authors such as Pierre Bourdieu, Vigarello, Aury Lopes Jr., among others.