A invisibilidade da vítima na persecução penal sob as lentes da reparação do dano

Abstract

The victim of crime has not received adequate attention by the national doctrine, which has not focused on analyzing its role in criminal prosecution and in the development of public policies aimed at his protection. It is not only the crime that leaves its mark, but the criminal process has also contributed – and a lot – to secondary victimization, that is, the abandonment of the victim by the State, which appropriated the punitive power and transformed it into a mere news of the criminal fact. Setting Luigi Ferrajoli's guaranteeism as a starting point, the research will seek to launch a more sensitive look at a multidimensional criminal process, which also sees the victim as the protagonist, and not just the author of the crime. We will study, with historical roots, the place of the victim in the criminal justice system, analyzing the impacts of the victimological movement and contextualizing the constitutional protection of their rights, opening the lens for the insertion of their interests as a standard of human and fundamental right. Among the wide range of rights that have been neglected for criminal victims, we will delve deeper into what we consider to be the most basic of them - reparation for the damage caused to them by the offender - which will be used as a lens for investigating the degree of (in)visibility of the victim during criminal prosecution. The methodology will adopt a qualitative-quantitative approach, will be applied and explanatory. As for procedures, we will use the bibliographical review and documentary analysis of police processes and investigations that are being processed in the Jury Courts of the district of Fortaleza/CE.