Resumo

DIESTRA-JARAMILLO, Camila Jasmin; JULCA-NIVIN, Itzel Giomar; SOLORZANO-VIDAL, Lola Aurora  e  NEIRE-ROBLES, Yul Alexander. Presumption of innocence and standards of proof: dogmatic analysis of Plenary Agreement No.02-2005/CJ-116, Peru. Iustitia Socialis [online]. 2026, vol.11, n.20, pp.58-83.  Epub 09-Maio-2026. ISSN 2542-3371.  https://doi.org/10.35381/racji.v11i20.4951.

The article addresses the problem of the displacement of the evidentiary standard in sexual crimes from the application of Plenary Agreement 02-2005/CJ-116, with attention to the centrality given to the testimony of the injured party and to the minimum or peripheral corroboration. The purpose was to analyze the compatibility of this jurisprudential standard with the principle of presumption of innocence and with the evidentiary evaluation requirements provided for in Article 158 of the Code of Criminal Procedure. The research adopted a qualitative methodology of a dogmatic-legal approach, based on normative, doctrinal and jurisprudential analysis. The results show a substitute use of peripheral corroboration with respect to the threshold, tensions with rational motivation and the joint assessment of the evidence. It is concluded that the validity of the guarantees of criminal proceedings required a dogmatic reformulation of the evidentiary standard in accordance with the accusatory model and the block of constitutionality.

Palavras-chave : Presumption of innocence; standards of proof; judicial procedure; human rights; rule of law.

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