The mistaken jurisprudential flexibiliztion of the presumption of innocence in cases of domestic violence against women
Views: 59Keywords:
Women, Domestic violence, Presumption of innocenceAbstract
The article initially discusses the intangibility of women's rights in situations of domestic violence, as well as the need for them to receive special state protection. However, it is sustained that this reality cannot violate the principle of the presumption of innocence, as understands part of the jurisprudence, in the sense that the victim's word to be enough to condemn those accused of crimes of this nature, focusing on an alleged punitive efficacy.
Downloads
References
ASSIS, Araken de. Processo civil brasileiro – parte geral: fundamentos e distribuição de conflitos. Vol. I. São Paulo: Revista dos Tribunais, 2015, p. 346.
DIAS, Maria Berenice. Lei Maria da Penha: a efetividade da Lei 11.340/2006 de combate à violência doméstica e familiar contra a mulher. 4. ed. São Paulo: Revista dos Tribunais, 2015. pp. 31-32.
VARAT, Jonathan; AMAR, Vikram e COHEN, William. Constitutional law cases and materials. 13. ed. Nova Iorque: Foundation Press, 2009, p. 356.
Downloads
Published
How to Cite
Issue
Section
License
Copyright of published articles belongs to the author, but with journal rights over the first publication and respecting the one-year exclusivity period. Authors may only use the same results in other publications by clearly indicating this journal as the medium of the original publication. If there is no such indication, it will be considered a situation of self-plagiarism.
Therefore, the reproduction, total or partial, of the articles published here is subject to the express mention of the origin of its publication in this journal, citing the volume and number of this publication. For legal purposes, the source of the original publication must be consigned, in addition to the DOI link for cross-reference (if any).