O depoimento especial de crianças e adolescentes vítimas de crimes sexuais como instrumento de efetivação da dignidade da pessoa humana, do melhor interesse e da proteção integral.

Abstract

The present work proposed itself to analyze the institute of the special depositions of children and adolescents victims of sexual crimes, especially the sexual abuse suffered in the family context, with a background in the constitucional principles of the dignity of the human person, of full protection, of the best interest of the child and the adolescent, among others which integrate the constitutional guarantees. In order to verify the effectiveness of the use of the deposition without damaging the achievement of the right to expression and to a voice, associated with the preservation of other rights of these individuals, the institute was verified as positive, then it’s able to protect the subjects of secondary victimazation, protecting them from psychological damage. Aiming to investigate an existence of violation of the rights of the denounced, in performing the technique, it was noted the weighting between the rights of the accused and of the victims, as well as a bigger state- owned concern with the victim, justified in the duty that the State have of protection and look-out of the best interests of the infant and adolescent, due to the rupture with the doctrine of the irregular situation of the minor in favor of the doctrine of integral protection, which recognizes these persons as special subjects of law, as a result of your conditions differentiated of a person in development. In this work, the method of functionalist research is adopted, using legal hermeneutics, interpreting the norms and facts of society to study the institute. As for the theoretical approach method was used the deductive, in a qualitative approach, starting from a broad view of the incidence, of constitutional principles in the criminal process, ending with the mitigation of some principles for the realization of the right to expression. Lastly, regarding the research technique it was based in bibliographic review, examining books, published scientific articles, doctrine, legislation and periodicals, as well as monographic works, master’s dissertations and doctoral theses.