O depoimento especial na percepção dos profissionais atuantes no sistema de justiça da comarca de Palmas

Abstract

The hearing of children and adolescents victims of sexual violence underwent substantial modification under Law 13.431/17, which established mechanisms for public power actions, in order to ensure an humanized and integrated care of the victims, combining different interdisciplinary contributions as a guarantee of their rights. However, in practice, the procedure raises questions regarding the benefits or not of being summoned to testify in court as there is an understanding that, when the victims arrive in the justice system, the focus relays on the accused's trial, limiting the procedures to constitute evidence in criminal proceedings, focusing on a punitive logic and social control, thus perpetuating the use of means that stigmatize the victims. The present study aimed to identify the perception of professionals working in the Justice System (magistrates, prosecutors, public defenders, and interviewers) of the Comarca de Palmas regarding special testimony, to understand how the implementation of this new procedure has been carried out within Tocantins Judiciary, since the Comarca de Palmas is, so far, in the State of Tocantins, the only one structured to carry it out. This investigation consisted in identifying whether, in the perception of those who work directly with special testimony, the summons of children in court to report suffered violence, through the special testimony, gives them the integral protection that Federal Constitution guarantees them. The hypothesis tested was whether the method protects the child from revictimizing procedures or favors the collection of evidence for the accused prosecution. This research followed dialectical qualitative method approach, which allowed a differentiated evaluation of documents, specific bibliographic on violence, childhood, sexual crimes, public policies and interviews carried out with professionals working in the justice system.