A possibilidade de ampliação da incidência do depoimento sem dano (Lei nº 13.431/2017), por meio da teoria do diálogo das fontes, à oitiva das mulheres vítimas de crimes sexuais

Abstract

Due to the impact of stigmas created by a male chauvinism and patriarchal culture in the investigation of sexual offenses, whether in the preliminary investigation phase or in the criminal process, victims are commonly seen only as sources of evidence and subjected to the process of secondary victimization. In this context, the main objective of this work is to analyze the possibility of applying the institute of "Depoimento Sem Dano" (Undamaged Testimony), as provided by Law nº 13.431/2017, to the testimony of women victims of sexual crimes, given the presence of special inquiry techniques with damage reduction. To achieve this purpose, the text discusses the role of the victim in the criminal process during different historical periods and the importance of the victimological movement for their recognition as subjects of rights, who must have their dignity and rights effectively protected by the State. The current situation of sexual violence in Brazil and the production of criminal evidence, in which the victim's statements are given special probative value, are addressed. In this sense, by analyzing the legislative microsystem for the protection of women victims of sexual crimes and the primary purposes of Undamaged Testimony, the expansion of this special procedure is discussed through the Theory of Source Dialogue