Depoimento sem dano: método alternativo de efetivação da proteção de crianças e adolescentes vítimas de delitos sexuais

Abstract

The purpose of this study is to reflect critically on the importance of applying, in the judicial and police spheres, the so-called testimony without harm, in the face of the doctrine of integral protection of the minor. The focus is to demonstrate why the testimony without harm represents a mechanism of protection of children against the abuse, explaining the grounds that justify their adoption when faced with cases of violence, specifically, sexual violence. In order to do so, the indispensability of the victims' testimony in cases of sexual crimes is described. In addition, the secondary victimization process is evidenced, leading to a reflection of the evils that the infantile inquiry, through the rigid traditional model, is capable of causing in their lives. In addition, the child is analyzed as the holder of special rights, as well as the duty of the State to guarantee protection against all types of violence, including institutional violence, in order to ensure a healthy development. Thus, the present research, using the materialistic dialectic method, begins by elucidating the species of crimes against the sexual dignity of the vulnerable, the indispensability of the declarations of the victims of these crimes and the consequent process of victimization. Next, the rights and guarantees belonging to children and adolescents are addressed, within the doctrine of the integral protection of the minor. And, finally, the technique of the testimony is explored without harm, analyzing its conceptual aspects and regulation, as well as the reasons that justify the indispensability of its application.