Depoimento especial: estudo da metodologia e discussão sobre a possibilidade de sua aplicação em ações penais de crimes sexuais face a vítima maiores de 18 anos

Abstract

This work has the goal, at first, to analyse how historical and cultural structural aspects of Brazilian society, since the proclamation of the Republic, interfere in the maintenance of high levels of violence against women. From discussions on the representation of the female figure in media outlets, we accomplish that our society constructs a social imaginary that tolerates and legitimizes violence against women, which, together with the Culture of Rape, contributes to the blaming of victims of sexual crimes and their consequent secondary victimization. From the relationship between this revictimization and the teleology of the criminal norms that typify these crimes, the question arises about the real effectiveness that these laws achieve in securing the legal good that they protect, wich is the sexual dignity of the offended people. In this sense, it is evaluated whether the legal professional has the appropriate qualification to adequately deal, alone, with the nuances and peculiarities intrinsic specifically to dealing with victims of sexual violence, questioning the influence of these professionals in the mentioned processes of re-victimization throughout the investigation and the judicial process. Finally, this work also seeks to evaluate the testimony-taking methodology known as Testimony without Damage, analyzing the feasibility of applying this method also to sexual crimes committed against people over 18 years of age, considering, during the analysis, about possible benefits of this modification.