Depoimento especial: a lei 13.431/17 como instrumento de efetivação da doutrina da proteção integral

Abstract

In Brazil, violence against children and adolescents has been present throughout history, given that they are considered as fragile and vulnerable individuals in society. For this reason, the violation of the rights of children and adolescents is one of the most discussed issues in the legal and academic environment. Based on this, Federal Law No. 13.431 / 17 was instituted, in order to avoid exposure of the victim in the presence of the accused, and thus, reduce the damages caused by this exhibition. Thus, after one year of the publication of this law, it is possible to question: it is possible through Law 13.431 / 17, known as the Special Testimony Law, to give effect to the doctrine of integral protection, ensuring the rights of children and adolescents victims or witnesses of violence? In this sense, the main objective of the research is to demonstrate that the implementation of the Special Testimony for otives of children and adolescents victims or witnesses of violence is an effective means of avoiding secondary victimization provoked by the Judiciary, so that the rights in the Brazilian legal system. Specifically, it aims to trace the evolution of the principles and laws that deal with the rights of children and adolescents, to distinguish the different types of violence practiced against children and adolescents and to demonstrate the contribution of the Special Testimony for the realization of the doctrine of integral protection. For the accomplishment of the present study the method of historical-evolutionary procedure is adopted, with the technique of bibliographical research, carried out through literary consultations and scientific articles. Regarding the method of approach, the hypothetical-deductive method was used. The present work is justified by the need to analyze the effectiveness of the Special Testimony as an instrument to minimize the impact caused on the child or adolescent, victim or witness of violence, which will not be exposed to innumerable inquiries, making him relive the traumatic moments. This time, the proposed objectives were reached, since the benefits of the legal institute for the realization of the doctrine of integral protection have been demonstrated, by guaranteeing the best treatment for the child and adolescent exposed to violence.