A ineficácia da proteção à testemunha pelo estado brasileiro.

Abstract

Feelings like fear and insecurity are the ones that grow the most in the actual society according to the startling criminality levels that are spreading between the most distincts groups and social classes. It's known that criminality and violence are phenomenona inherent to the human being, however, they have never reached the nowadays thresholds glimmered with so much intensity, therefore, what is tried to avoid is that their levels reach an unsustainable situation, at the point to prevent individuals from exercising Constitutional guarantees such as studying, working, having fun, etc. It is true that an inefficient State and without programs and coherent public security politics, contributes to increase the sensation of injustice and impunity, which is, perhaps, the main cause of violence. In the Judgment of illicits, truth verification and judge's conviction, the proof is the resource used with the purpose of reconstruction of t the facts investigated, trying to approach as close as possible to the reality of the facts that are being investigated at the proceeding.Among the means of proof admitted in the penal procedure there is the testimonial proof as a great importance in the elucidation of the criminal offenses. On the 60's appeared in the United States a witness protection program called "Witsec", in charge of the "U.S. Marshals Service", in order to diminish impunity and disassemble organized crime.This program was created to give protection to the witness, victims and collaborators defendants who helped to disassemble of criminal groups, being implemented in many others countries. In Brazil a program in this sense only appeared in 1998, at the initiative of an non-governmental organization in the State of Pernambuco, and after the initial success the State Government resolved to create the "Provita" (State Program of Testimonial Protection), coordinated by nongovernamental organization (NOGs), with the support of the State Government.When it emerged, the Provita obtained very substantial results and availing itself the idea, the Federal Government, through the Special Secretary on Human Rights (SEDH), the Justice Ministry, decided to implement it in others States of the Federation.In the technical procedure will be use the bibliographic research and analysis of books, scientific productions, legislation, and jurisprudence about the theme. In this way, is aim to demonstrate, without exhausting the questions on the theme, the ineffectiveness of the victim protection and the witness on the part of the Brazilian state