A palavra da vítima no direito penal brasileiro: utilização das declarações do sujeito passivo na relação jurídico-processual como meio de prova

Abstract

This paper analyzes the victim's trajectory within Brazilian criminal justice from the perspective of contemporary victimology and alongside a normative evolution that seeks to consolidate them as subjects of rights in criminal proceedings. Initially, this passive subject was relegated to the background and reduced to the status of a mere instrument of evidence; however, victims have progressively gained institutional and legal recognition. This is reflected in milestones such as CNMP Resolution No. 243/2021 and the amendments introduced by Law No. 11.690/2008. The research addresses the processes of victimization, namely primary, secondary, and tertiary. In this sense, it seeks to highlight the mechanisms of institutional re-victimization, as well as legislative responses aimed at its prevention. This study examines the role of victims in the production of evidence, especially regarding the mandatory nature of their testimony. The reflection to be developed is based on doctrinal and jurisprudential elements which contribute to the design of a more humane, balanced criminal process committed to the dignity of the victim