Família do lado esquerdo do peito? Uma análise da proteção jurídico-penal em fase do abuso sexual infantil intrafamiliar com enfoque na revitimização da vitima

Abstract

The present study is focused on the legal-penal system in the face of child sexual abuse within the family with a focus on the victim's re-victimization that occurs in the judiciary. The rights of children and adolescents were, for a long time, non-existent, thus creating a precedent for mistreatment and family abuse under the justification that those responsible for them have absolute power in the house. In this scenario, the Brazil’s Child and Adolescent Statute emerges as a guarantor of the fundamental rights of children and adolescents, in addition to the Federal Constitution, which prioritizes the best interests of children and adolescents. It is during childhood that the individual is psychologically structured, and their personality is shaped there. Therefore, going through a traumatic situation in the early years of life generates countless consequences for future adults. It is therefore important to analyze the effectiveness of the vast existing legislation regarding the protection of children and adolescents, since these individuals deserve to have dignified conditions that favor their physical, moral, mental, spiritual, and social development in a free way. Thus, it is necessary to understand basic concepts such as child, teenager, and family, according to the legislation, in order to observe how such abuse occurs and what the reflexes are within social relations. For a better understanding of the subject, a bibliographical survey will be carried out regarding the definition of the crime, what secondary victimization is, and how to combat such actions. The study goes beyond the law, reaching the social sphere, since all individuals were once children. Thus, to take care of these subjects of special rights is to take care of everyone, to preserve the mental integrity of future adults and to enforce the basic constitutional principles, such as human dignity. It is significant to understand the legislation regarding the crime of child sexual abuse, as well as what legal measures are taken against the abuser and the child, who needs support after the trauma.