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Professor at ALFA Educação Law School Publishes Article on the Importance of Evidence to Protect Vulnerable People

Dr. Ricardo Pereira de Freitas Guimaraes, professor of Undergraduate, Master's and Doctorate courses at FADISP, together with the Dr. Marco Aurelio Fernandes Galduróz Filho, published an important article in the scientific journal Scientific Journal of Applied Social and Clinical Science entitled “Evidence and its Assessment as an Element of Protection for People in Vulnerable Conditions”. In this work, the authors explore how traditional rules of evidence analysis in courts need to evolve to better protect people who are in situations of greater vulnerability, such as women, black people, indigenous people, people with disabilities and other marginalized groups.

The article highlights that in today’s world, social issues and inequalities require a new approach to the way evidence is assessed in legal proceedings. The authors use concepts from philosopher Michel Foucault to propose that the judicial system should be more attentive to the context in which evidence is presented, recognizing the difficulties faced by vulnerable people. They suggest that, instead of applying the rules rigidly and equally to everyone, the system should be flexible enough to consider the specific circumstances of these groups, ensuring more inclusive and effective justice.

For example, in cases where the victim of an injustice belongs to a vulnerable group, it may be more difficult for them to present solid evidence, either for fear of reprisals or for lack of access to resources. The authors argue that the judicial system must adapt to these realities, seeking an assessment of evidence that takes into account the complexity of these situations. Thus, the aim is for the law to fulfill its role of truly protecting all citizens, especially the most vulnerable.

This article is essential reading for law students who want to understand how justice can evolve to better respond to the needs of today's society. The full text can be accessed in the journal Scientific Journal of Applied Social and Clinical Science, clicking here.

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