Slanderous denunciation

The valuation of the victim's word in relation to thecrime of the Maria da Penha law and sexual violence.

Abstract

The present work objectively seeks to demonstrate the consequences caused by 11.340/06, Maria da Penha Law, by the contrary use of said law, in relation to the valorization of female speech in the legal sphere in false denunciations of what the law addresses. This brought to the legal system the organization so that its procedures could be worked with speed and accuracy brought by justice in the Criminal sphere and which cases of domestic violence require due to their delicacy. However, over time it has brought divergences, since just based on female speech there is an anticipation of the defendant's guilt for the State, which goes against one of the principles of the Constitutional order: the presumption of innocence.

The research was conducted through a broad review of academic literature and related legislation, aiming to analyze the impact of criminal action both for victims of the crime of slanderous reporting and for true victims of domestic violence, the crime is provided for in article 339 of the Penal Code.

The study uses a qualitative approach, using criminal procedural legislation and the Brazilian Constitution as research sources, as well as the use of academic works, articles and doctrines related to the subject addressed, aiming for a clearer way of collecting data for this research bibliographical.