The main discussions were: the value of victim and defendant testimonies, forensic proofs and the obstacles to demonstrate torture crimes. A prova no processo penal: noções introdutórias — 2. Julgando a tortura — 3. Provando a tortura: 3. Esse é o princípio conhecido como in dubio pro reu. As provas têm, portanto, um papel central no processo penal. A tortura se insere na segunda categoria.
Categorias populares
In a contextual perspective, here we present analytical clues understood by us as facilitators in the attempt to map the enunciative tree cultivated by ESP. The Foucaultian notion of discourse is understood for this study as being […] a set of statements, as long as they are supported by the same discursive formation; it does not form a rhetorical or próprio unit, indefinitely repeatable and whose appearance or use we could point out and explain, if applicable in history; it consists of a limited number of statements for which we can define a set of conditions of existence. The discourse, thus understood, is not an ideal and timeless form that would, moreover, have a story; the problem is not how and why it could emerge and take shape at a given point in time; it is, in all aspects, historical - a fragment of history, unity and discontinuity in history itself, which poses the problem of its own limits, of its cuts, of its transformations, of the specific modes of its temporality, and not of its abrupt appearance amid the complicities of time. The debates presented here are guided by the post-critical perspective, the field of feminist research methodology and Foucauldian inspirations on discourse analysis.
