A atuação do sistema judiciário brasileiro em casos que envolvem crianças e adolescentes vítimas de violência sexual

Abstract

Sexual violence against children and adolescents is one of the most serious human rights violations, and its complexity demands priority attention from the justice system. The specificity of this phenomenon derives not only from the brutality of the acts, but, above all, from the peculiar condition of the victims, who are in a phase of physical, psychological and emotional development and are therefore entitled to full and priority protection, as guaranteed by the Federal Constitution and the Statute of the Child and Adolescent. In this context, the main objective of this research is to analyze how the Brazilian justice system acts to protect children and adolescents who are victims of sexual violence, as well as to identify the main obstacles that compromise the effectiveness of this protection. It is based on the hypothesis that, despite legislative and regulatory advances, there are still structural weaknesses in the fight against sexual violence against children and adolescents, especially with regard to specialized listening, revictimization and the lack of adequate responses to the specific needs of victims. To this end, a qualitative methodology was adopted, with a deductive approach, based on a bibliographic review and documentary analysis, including statistical data, institutional reports and case studies. The research is organized into three axes: initially, it addresses the concept and panorama of sexual violence against children and adolescents in Brazil; then, it analyzes the role of the justice system in protecting these subjects, with an emphasis on the application of Law n°. 13,431/2017, the actions of the Public Prosecutor's Office and the Public Defender's Office, and the challenges of the judicial process; finally, it examines public policies and prevention mechanisms, in addition to proposing solutions to reduce violence rates and improve comprehensive protection for victims. The results demonstrate that, although there have been normative and institutional advances, the effectiveness of the Judiciary's actions still encounter obstacles, especially with regard to humane listening and reducing revictimization, revealing the need for more sensitive, articulated and committed practices with regard to the reality faced by children and adolescents who are victims of sexual violence.