A Lei nº 13.431/2017 e sua efetividade na proteção de crianças e adolescentes vítimas ou testemunhas de violência.

Abstract

The issues wich involve the rights of children and adolescents gain greater scope in the field of legal discussion, confrontig the new perspectives to achieve the realization of integral protection, a principle that governs the theme. In this sense, the research aims to evaluate the effectiveness of the means used in specialized listening and the special testimony of children and adolescent victims or witness of violence in order that the methodology employed guarantees the preservation of the physical, psychological and moral integrity of the infant, as well as providing adequate means for criminal investigation. Initially, it seeks to present general notions about the conceptual construction of childre and adolescent in a generic perspective, contextualizing later with doctrine of integral protection and the general principles that guide the Right of the Child and the Adolescent. It also brings an approach about the origin of the special testimony in Brazil, analyzing the conjuncture and the means on what the novel methodology was applied during the inquiries of children and adolescents in this country's Childhood Court for the first time, passing then analyze the inquiry judicial of children in comparative law, observing the technical form applied especially in Argentina, France, South Africa and Portugal in light of the international regulations on the subject. Next, the research focuses about the analysis of the normative instruments that deal with this theme, initially, an analysis is made of CNJ Recommendation 33 of 2010, which established to the courts the creation of specialized services for listening to children and adolescents victims or witnesses of violence in legal proceedings. In this diapason, Resolution nº. 169 of the National Council of Children and Adolescents and Law 13.431/2017 are objects of study in relation to this subject. Through the analysis of the aforementioned federal law, the forms of violence suffered by the child and the adolescent which should be combated and better assisted by the protection network were identified, in addition, the distinction presented between specialized hearing and the special testimony is observed, as well as the provisions expressed in the Law referrin to integration of attendance policies. From this perspective, the research analyzes the position of the Federal Council of Psychology through Technical Note 1/2018 in light of the jurisprudential understanding of the courts of country. Finally, this work aims to analyze the special testimony procedure according to Law nº 13.431/2017, considering the importance of the Judiciary Branch, in particular analyzing the Court of Justice of Paraíba's performance in referenc to practices developed in the State in order to promote the integral protection of children and adolescents. This qualitative research used a methodology with deductive approach, and the bibliographic research technique.