La Integración de la perspectiva de género en el razonamiento probatorio: entre la protección de la victima y las garantías del imputado

Abstract

Abstract: This research analyzes the possibility of integrating a gender perspective into evidentiary reasoning in criminal proceedings concerning gender-based violence, identifying institutional, normative, and cultural obstacles that hinder this process and assessing the legal and ethical implications of relaxing evidentiary standards. The study, qualitative and descriptive in nature, is based on a systematic review of academic literature available in the SciELO database and other relevant doctrinal sources. Findings show that incorporating a gender perspective does not mean altering the principle of rational evaluation (sana crítica), but rather enriching it through a more rigorous analysis of violence dynamics, trauma psychology, and the elimination of discriminatory stereotypes. It also concludes that it is possible to balance victim protection with the procedural rights of the accused through clear protocols, specialized training, and judicial reasoning guidelines that strengthen the rationality of criminal proceedings. This study contributes to building a more inclusive and rights-oriented evidentiary assessment model, aligned with international human rights commitments undertaken by States.