| dc.description.abstract | Rights relating to children and adolescents consolidation occurred in Brazil with the institutionalization of guarantees, both through the Federal Constitution enacted in 1988 as by the entry into force of the Child and Adolescent Statute. However, there were no significant changes in the procedural scope, remaining people in development situation, regarding their hearing, receiving equal treatment in the lawsuits they are victims and/or witnesses, as any adult involved. Searching for an alternative way to the traditional, that obeys the contradictory and the wide defense and decreased institutional violence practiced by state representatives against children and adolescents, arises the Testimony Without Damage implantation proposal in the Brazilian judicial system. The project is focused on the verification of illicit that involve children and adolescents, considering the difficult construction evidentiary owing to the circumstances that usually occur: on the sly, with no presence of witnesses and, at times, without physical traces. Intended, among other things, reducing revictimization, of the serious indications of impunity, besides reducing the justified fear of criminal condemnation of innocents. The idea arose in Porto Alegre city, mediated by the Law Judge José Antonio Cezar Daltoé, and its dynamic comprises three steps: initial reception, the testimony or hearing and final reception/forwards. It is about a practice by which the infant involved have taken his testimony at a room specially designed for this purpose, by a qualified professional designated by the judicial authority - Psychologist or Social Worker - and recorded by audiovisual means. This study aims to understanding what is the Testimony Without Damage and what are the implications arising from its use. For this, it was used the deductive method, as it started from the historical analysis of the children and adolescents protection in the Brazilian law. After, it was approached the contemporary legal system of persons hearing under development. Were used, also, historical and monographic methods, seeking to investigate the origins of the inherent rights to children and adolescents and analyze if these rights have been fully guaranteed, as well as if the practice of Testimony Without Damage is being suitable for the purpose it proposes. At the end of the study, it was realized that, even if it does not involve an ideal method, the Testimony Without Damage has been shown concretely more efficient on the elucidation of facts and in the respect to the victim/witness, adolescent or child, reducing the heavy justice system impact, its rites and its formalities. | |
