Crimes contra a dignidade sexual: entre a ampla defesa e a revitimização da mulher no processo penal

Abstract

This study aimed to analyze the boundaries between combating revictimization and the exercise of the right to defense in cases of sexual offenses. In this way, a literature review was conducted, and the dialectical research method was employed. To achieve this, an analysis was conducted on sexual offenses as a manifestation of gender-based violence, as well as an examination of revictimization in the criminal process, in order to understand how this phenomenon specifically occurs in the prosecution of sexual crimes. Subsequently, a deeper exploration was conducted on the constitutional guarantee of a fair defense, its challenges in cases involving sexual offenses, and its limits when colliding with other fundamental rights, particularly human dignity, based on current Brazilian jurisprudence and the theory of principles' balancing. Lastly, it was analyzed the Mariana Ferrer case, its legislative repercussions, and other institutional measures aimed at preventing revictimization and preserving the dignity of the victim during criminal proceedings were examined.