A (in)visibilidade da vítima no âmbito do direito penal.

Abstract

This essay aims to study the passive subject in criminal law: the victim. Although the victim is an essential subject in criminal law relations, is not given due attention, since it has hardly been studied and its situation not much debated, thus, this monograph seeks to examine how the victim is viewed in substantive criminal law and their participation in the realization of the criminal law through the criminal process. It seeks to examine how criminal law engages with victims and how criminal procedure involves victims in the investigation of crime. For this purpose, the dialectical method was used, as it is the most effective method given the need to analyze a society in constant movement, trough interconnected, interdependent objects and phenomena. In addition, given the complex situation we are trying to examine, a “mixed” method has been applied. Thus, the investigation will embrace both a historical procedure, analyzing different documents and doctrines over the decades, and a monographic content, aiming to look in depth at the situation of the victims and their involvement in the criminal phenomenon. Data were collected secondarily through the analysis of written documents, reports, books, newspapers and websites, as well as indirectly through documentary and bibliographical research. Through the investigation, the victim was analyzed in its most comprehensive aspects: as an active subject in the criminal relationship, as a source of information, their situation in the face of re-victimization, the existence of supposes ideal victim and the protection measures applied to them. This monograph concluded that there are special victims, but that they are not always considered ideal victims due to the restrictive aspects for their categorization; it was found that substantive criminal law does not deal with the victim, while in criminal proceedings there is a deflation and overvaluation of their expression; it was noted that women and children receive greater protection from the state, either through the creation of laws or through public policy, but much still needs to be done to truly protect this cores; it was noted that other groups that should be more protected are neglected. I therefore invite you to participate in this study on the different faces of the victim.