Depoimento especial de crianças e adolescentes nos casos de violência sexual nos Tribunais de Justiça entre os anos de 2010 e 2021.

Abstract

This research deals with the special testimony of children and adolescents. The delimitation of the theme was the protection of the fundamental rights of children and adolescents who are victims or witnesses of sexual violence in special testimony procedures in the courts of justice between the years 2010 and 2021. The general objective was to understand, based on the technical guidelines of the courts, the procedures on special testimony of children and adolescents in public justice policies in the context of guaranteeing the fundamental rights of children and adolescents. To achieve this, the specific objectives were: to contextualize sexual violence against children and adolescents in Brazil; study the current regulatory framework on special testimony for cases of sexual violence against children and adolescents; analyze the procedures adopted by the Courts of Justice as guidance for carrying out special testimony from children and adolescents who are victims or witnesses of sexual abuse in order to guarantee the fundamental rights of children and adolescents. The research problem was how do the procedures adopted in the special testimony of victims or witnesses of violence in the courts of justice ensure the fundamental rights of children and adolescents? For the answer, it was based on the hypothesis that, as there is concern about the treatment given to victims or witnesses of sexual abuse for the elaboration of public justice policy, the methods of collecting evidence provided for in the law are fragile for the preservation of fundamental and specific rights for children and adolescents. The approach method used was deductive and the procedural method was monographic. Bibliographic and documentary research techniques. By aligning with a line of research that seeks to define the conditions and possibilities for building inclusive and participatory policies, the analysis of the special statement becomes fundamental. The analysis reveals that, although there is federal legislation that regulates it, there is a diversity of practices and guidelines adopted by the states, reflecting the particularities and needs of each region.