Understand in 5 points the thesis established by the STF to judge sexual crimes

The STF (Supreme Federal Court) established, in a plenary session this Thursday (18), a thesis of general repercussion that changes the rules for the production of evidence in sexual crimes cases throughout Brazil.

Unanimously, the panel defined that any evidence obtained with disregard for the victim's fundamental rights, especially their dignity, honor and psychological integrity, is considered illicit and completely loses legal validity. The guideline must be compulsorily followed by all judges and courts in the country.

In this specific case, the Court used the rule to annul the pre-trial hearing and all subsequent decisions in the process involving the influencer Mariana Ferrer.

As a result, the acquittal of businessman André de Camargo Aranha, which had been ordered in the first instance and maintained by the TJ-SC (Court of Justice of Santa Catarina), became ineffective, and the process will have to be restarted from scratch at the origin.

The 5 rules established by the STF
The thesis of general repercussion approved by the ministers on Thursday establishes some guidelines for the Judiciary in cases of sexual crimes:

- Nullity due to disrespect: Evidence obtained at any stage of the criminal prosecution for sexual crimes that violate the dignity, honor, intimacy and psychological integrity of the victim is null and void, whether through action or omission of the judge and other procedural actors. Acts that derive from this tainted evidence are also illegal.
- Official decree: The nullity of the evidence can be declared directly by the magistrate himself, in addition to being able to be argued by the Public Prosecutor's Office or by the victim.
- Protection of independent acquittals: An acquittal sentence will not be annulled if it is supported by robust, sufficient evidence that is completely independent of the victim's testimony.
- Punishment for abuses: The investigation of disciplinary (administrative), civil and criminal responsibilities of legal operators who fail to respect the guarantees of protection to the victim (provided for in article 400-A of the Code of Criminal Procedure).
- Recording: Instruction hearings in cases of sexual crimes must be recorded in audio and video and attached to the case file, as long as there is the victim's agreement, maintaining confidentiality.

Minister Cármen Lúcia defended mandatory recording as a guarantee of protection and a deterrent against abuse, pointing out that the specific case highlighted "state violence" marked by gender prejudice

This is a case that has at its base this Brazilian plague, which is prejudice against women. Where prejudice speaks, Justice remains silent. In countless cases, we women are condemned for being women.

Carmen Lúcia

Minister Cristiano Zanin declared himself unable to judge Mariana Ferrer's case, but participated in the formulation and voted in favor of the general thesis.

Source: CNN