Brief considerations on sentencing criminal cases according to gender perspective

Abstract

It is known that domestic and family violence against women is an abject reality, which needs to be transformed as a way of realizing women's fundamental rights. However, the guidance from the National Council of Justice to give high value to the word of the victim woman ends up giving rise to two possible readings. A redundant one, because in fact the judge must rigorously assess all the evidence produced in the process. Another unconstitutional and illegal, because it would be understood as na orientation to, in the abstract, give greater value to the victim's word putting in second place other evidence produced. This reading would offend the constitutional principle of the presumption of innocence and due legal process, in addition to conflicting with legal rules of the evidence system, such as rational prosecution; a return to the outdated model of legal evidence would be created. There would, therefore, be an offense to justice in judgments on the core of condemnatory criminal actions, resembling third-velocity criminal law