The mistaken jurisprudential flexibiliztion of the presumption of innocence in cases of domestic violence against women
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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.
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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.
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