Vitimização secundária: a dupla violação de direitos suportada pela vítima criminal no âmbito da persecução penal.

Abstract

Although the victim appear as the protagonist of the crime, often he finds himself relegated to supporting when the intention is to investigate, prosecute and punish the offending conduct. It is called secondary victimization or overvictimization the additional damages incurred by the victim after the occurrence of a criminal act. These damages are caused by contact between the victim and the bodies responsible for social control, especially the formal social control, namely the repressive apparatus of the State. It follows hence the concern for the victim and the issue of secondary victimization. The aim is to investigate if was the Brazilian state, to take responsibility for the exercise of punitive power, committed to do so without causing further victimization. It points out the assumption that the crime victim is being treated as a trigger for investigation; possession of paper for information. The general objective of the research is to examine the role of victims of crimes under the criminal activity persecutory. The specific objectives aim to: identify the relevant phases of the victim throughout history, understand the main conceptual issues about the victim and, finally, recognize the shortcomings of Brazilian legislation concerning the treatment of victims of crimes, when of criminal prosecution. For the analysis of this phenomenon, in the midst of criminal prosecution in the Brazilian legal system, encompassing investigation and process, it employs the deductive method. As helper methods, it points to the historical-evolutionary, exegetical-legal and comparative methods. The technique allows literature to obtain the data necessary to confirm the hypothesis presented from a synthetic analysis of devices and procedural omissions, coupled with practical issues identified by the doctrine, as inherent in the investigation and criminal procedure, confirming the hypothesis presented, demonstrating the occurrence of secondary victimization in the Brazilian criminal prosecution and its inadmissible against the Right Democratic State, needing a new concept of formal social control of crime, not only as a mechanism for the regulation of social relations, but as an transformer instrument of law at the time that promotes justice and peace.