O acesso à justiça pela via dos direitos de crianças e adolescentes vítimas de abuso sexual: para uma concepção sistêmica do depoimento especial na Comarca de Belo Horizonte-MG

Abstract

The research problematizes the reception of the special testimony, as a procedure for the protected hearing of children and adolescents who are victims or witnesses of violence, specifically victims of sexual abuse, by the theory of integral protection, nationally and internationally considered, and by the Brazilian constitutional microsystem of the rights of children and adolescents, implemented by the System for the Guarantee of the Rights of Children and Adolescent. The enactment of Law nº 13.431/17 and Decree nº 9.603/18, which established the System for Guaranteeing the Rights of Children and Adolescents Victims or Witnesses of Violence and the special testimony as one of its protection instruments, is adopted as a time frame of the investigation. The “legal-sociological” theoreticalmethodological approach is assumed, which, according to Gustin et al. (2020, p. 66-67), proposes the understanding of the legal phenomenon in a broad social environment, analyzing the Law as a dependent variable of society, the facticity and the relationships established by it with other fields, such as the sociocultural one. The theoretical frameworks of the research rest on the concept of access to justice through the rights, involving two dimensions: “the expansion of the realization of rights and the expansion of the possibility of participation in the conformation of rights” (AVRITZER et al., 2014, p. 20), as well as in the theory of integral protection, with emphasis on the sociocultural and legal context of its development in Brazil. In addition to theoretical research, field research was chosen, through the methodological strategy of the case study, to verify if, with the framework of Law nº 13.431/17, the judicial district of Belo Horizonte-MG has been meeting the expectations of the legal system, from the perspective of access to justice through the rights of children and adolescents victims of sexual abuse, of the intersectoral action by the Judiciary and the Public Ministry, based on the procedures of protected hearing of victims, especially through the special testimony.