PROTECT OR PUNISH?THE SPECIAL TESTIMONY OF CHILDREN AND ADOLESCENTS AND THE DILEMMS OF INTEGRAL PROTECTION

Authors

  • Lisiane Junges UNOESC
  • Matheus Felipe de Castro UNOESC

DOI:

https://doi.org/10.26729/et.v21i1.3273

Abstract

Considering the supervenience of the law number 13.431/17 predicting the method of special testimony of investigative hearing of children and adolescents who were subjected or witnessed violence, this aims to analyse if the innovative method for collection of information effectively protects and promotes the fundamental rights of these subjects. To do that, using deductive method, through bibliographic, legislative and empirical documentary research, in addition to empirical experience, It is pointed that the implementation of the "Protected Hearing Law" in the context of legal protection of children and adolescents represents an important advancement in dealing with this subject, given that it innovates in recognising and requesting a special treatment for them that have to go through the justice system when exposed to violence, either as victims or witnesses, forcing the system that guarantees their rights to conform, but fails by prioritizing a style of collection of evidences that focus on criminal accountability, instead of promoting the recovery of the welfare of such children and adolescents, highlighting the need for improvements.

Published

2021-08-30

Issue

Section

Artigos Seção Geral