Depoimento especial de crianças e adolescentes: uma análise à luz da Lei nº 13.431/2017

Abstract

This monograph deals with the special testimony provided for in Law nº 13.431/2017, in the construction of a procedure that focuses on reducing damage with the hearsay of the children-juvenile public within the judicial power. The aim is to analyze the listening of children and adolescents through the special testimony and its viability as a mechanism for the protection of Principles, Fundamental rights and guarantees. In the development of the study, the method of deductive approach, with research of a basic and applied nature, with descriptive procedure and bibliographic and documentary research techniques. For the achievement of the proposed objectives, establishes that, even in the company contemporary violence against children and adolescents is an alarming violation of rights that are faced with revitimization when they are questioned in the judicial system. It proceeds with the assertion that the special testimony consists of the in a procedure that proposes a single listening of children and adolescents subject to violence in a welcoming environment separate from the courtroom, with installation of cameras and technological equipment, aided by a professional adapted to adapt the questions formulated by judges, promoters and advocates/lawyers for the developing person, eliminating the damage with the use of the traditional education hearing. Concludes that it is necessary to renew the judicial paradigms with regard to the protection of human rights subjects, however, only the drafting of the norm, without due ripening of the theme is not enough to end the cycle of violence against the juvenile population and the improvement of the testimony particular, since it grants psychological treatment to children and adolescents victims and witnesses is of greater importance to guarantee their development and to minimize traumas arising from the violence suffered.