A escuta especializada/depoimento especial da criança e do adolescente vítima ou testemunha de violência: uma análise da recomendação nº33 do CNJ e da Lei nº 13.431/2017

Abstract

The present article aims to analyze children and teenager’s rights, due to the nature of being in a developing and vulnerable phase this group demands specific protection, notably the precepts and aplication of the Doctrine of Integral Protection, adopted by 1988’s Brazilian Federal Constitution and by the Statute of the Child and Adolescent, regulated by the 8.069/90 law. Additionally, it focuses on the precepts on how to conduct listenings and testimonies from children and teenagers victims or witnesses of violence – through the 13.431/2017 law the Specialized Listening, realized before the proper governing body, and the Special Testimony, realized before a constabulary or judiciary authority, are added as modalities. Those new methods, both the Specialized Listening and the Special Testimony, are to be conducted by specialized professionals, aiming to minimize the revictimization of deponent children and teenagers. In this sense, the legislation highlights that it’s paramount to treat children and teenagers with priority, being responsibility of their families, society and the State to guarantee their rights. Therefore, it’s concluded that a service flow must be instated and adequated to the dispositions of the 13.431/2017 law, mainly in regards to what concerns the accomplishments of the Specialized Listening and the Special Testimony, without incurring in harm to the legally protected infants. This article makes use of a theoretical and logically-deductive methodology, consistent with traditionally used methods in the bibliographic references cited, specialized legal articles concerning this theme, national and international legislation as well as eletronic documents discussing the studied theme.