Depoimento sem dano: uma análise psicológica e jurídica sobre a técnica e a importância do depoimento especial de crianças e adolescentes vítimas de abuso sexual intrafamiliar

Abstract

The present work seeks to analyze the model of protected listening, "Testimony without Dane", a model that aims to reduce the psychological damages and traumas that the child or adolescent, victim or witness of sexual violence, highlighting intrafamily sexual abuse, which occurs when father, stepfather or even brother sexually abuses the minor. In order to achieve the scope of validating the use of such a method in a broader form of the Brazilian judicial system, that although there are already states that use this method to perform the testimony, it still suffers obstacles as to its methodology as well as prejudice about the word of the child, which is often devalued both by the family and by society, as by law professionals themselves. Firstly, a basic explanation is given of the basic principles of the Criminal Procedure, as well as of the common traditional procedure, presenting its failures regarding the care of a child or adolescent victim of sexual abuse. In addition, the present work brings the principle of Integral Protection of children and adolescents, inspired by a worldwide concern about the healthy development of children and adolescents, come to protect them in any type of situation, recognizing their differentiated cognition and its quality as a subject of law. After such explanations, the main theme comes: the Testimony without Dane, which explains how the procedure is carried out in Brazil, its historical reinforcement in other countries; of the professional of the testimony without harm; of the victim's inquiry; and its hindrances, and successes. Finally, an analysis of the project "without harm" is carried out through two factual cases brought by two renowned authors in their analyzes about protected listening, verifying the effectiveness of the alternative model in the face of violence and the traumas that the withdrawal of the testimony by the traditional routes.