Superior court validates use of prior statements in domestic violence proceedings
The Supreme Court of Justice has established that statements for the purposes of memory made by victims of domestic violence have probative value in judgment, even when the witness refuses to testify in court.
Superior court validates use of prior statements in domestic violence proceedings
The Supreme Court of Justice has established that statements for the purposes of memory made by victims of domestic violence have probative value in judgment, even when the witness refuses to testify in court.
The plenary of the criminal divisions of the STJ decided on 8 July 2026 that these testimonies may be considered by the judge, in particular when the person who made them is a victim of domestic violence and maintains a relationship of kinship or marriage with the defendant.
The decision arises in the context of a case in which the conviction of the accused was based on statements for the purposes of memory made by his daughter. The young woman refused to testify again during the trial.
In its reasoning, the court recalled that this type of statement constitutes anticipatory production of evidence, equating in probative value the evidence collected directly at the hearing. The mechanism is precisely designed to prevent victims from being forced to relive traumas they have already suffered.
The STJ understood that the prohibition in the Criminal Procedure Code on the reading of statements from inquiry or examination by witnesses who refuse to speak in court does not extend to statements for the purposes of memory. These have their own status as anticipatory evidence, distinguishing themselves from other statements collected during the investigation.
The ruling also invoked article 134 of the CPP, which confers the right of refusal to testify to direct relatives. This norm seeks to prevent situations of family conflict and to guarantee the credibility of the testimony, by preventing emotional pressure from compromising the truth of what is said.
Source: Correio da Manhã
Source: Correio da Manhã