Case discusses whether embarrassment of a sexual crime victim can render evidence invalid; STF heard associations on Wednesday (June 17)
The decision will be made this Thursday (June 18, 2026) whether the embarrassment imposed on victims of sexual crimes can lead to the annulment of evidence produced during a process. The appeal was presented by Mariana Ferrer, who questions the validity of the hearing in which she was heard as a victim in a case of rape accusations.
On Monday (June 8), the case’s rapporteur, Alexandre de Moraes, authorized the entry of associations and public bodies into the process as amici curiae (friends of the Court). Here is it (PDF — 113 kB). The process is being processed in secret from the courts, but is included in the Supreme Court’s system as having general repercussions.
The Court will decide whether evidence produced in hearings on sexual crimes can be considered unlawful when there is disrespect for the victim’s fundamental rights, especially their dignity, honor and psychological integrity.
FRIEND OF THE COURT
In the session on Wednesday (June 17), the STF heard oral arguments from the entities admitted to the process.
Among the Curia friendsand there is the . The president of the association, Celeste Leite dos Santos, said she hopes that the trial will pressure Congress to approve the Victim Statute.
“It is expected that legislators will be asked to approve the Victim Statute, whose unconstitutionality, due to omission, is evident. May it be a historic milestone in the protection of victims, so that we do not have other cases like this”these.
WHAT IS UNDER DISCUSSION
The was carried out in the criminal process that investigated the accusation of rape made by Mariana Ferrer in Santa Catarina. In 2020, the case gained repercussion after the release of excerpts from the testimony.
At the time, the OAB’s National Commission for Women Lawyers criticized the way the hearing was conducted. The CNJ (National Council of Justice) and the OAB as well.
Mariana’s defense claims that, during her testimony, she was subjected to embarrassment, insults, irony, sexual innuendo and the exposure of aspects of her personal life. The appeal also maintains that those responsible for conducting the hearing.
The request taken to the STF is for the cancellation of the hearing and subsequent procedural acts. The trial, however, does not directly address the defendant’s guilt or innocence. The central point is to define whether evidence produced in an environment that violates the victim’s dignity can be considered valid.
UNDERSTAND THE CASE
Mariana Ferrer claimed to have been a victim of rape in 2018, in Florianópolis. The defendant, businessman André de Camargo Aranha, was charged by the Public Ministry of Santa Catarina, but ended up acquitted due to lack of evidence.
The case gained national attention in 2020, after excerpts from the court hearing were released. In the images, Mariana appears to be questioned in an aggressive and offensive way during her testimony.
The repercussion led Congress to approve the law, known as the Mariana Ferrer Law. The rule originated in , presented by the then deputy (PSB-BA), and was sanctioned in November 2021.
The law amended the Penal Code, the Criminal Procedure Code and the Special Courts Law to prohibit acts that undermine the dignity of the victim and witnesses. It also increased the penalty for the crime of coercion during the process.
