Lei n. 13.431/2017 e a garantia de direitos de crianças e adolescentes: da proteção à não revitimização

Abstract

Violence against children and teenagers is a social issue that needs attention. Since the vulnerability of these subjects, attention has been focused on these individuals in recent decades, in search of the recognition and guarantee of their rights in a comprehensive way, for full physical and psychological development. In face of this perspective, this research aimed to analyze the guarantee of the rights of children and teenagers, especially victims or witnesses of violence, and the relevance of adopting of the recommended institutes by Law nº 13.431/2017, as a means of preventing the revictimization of this youth population. The research sought to analyze the expressions of the phenomenon of violence against children and young people, with the presentation of statistics on its incidence and discussion of the need for notification and self-protection; examine the procedures adopted by the protection network and justice system for protected listening and testimony, as well as the importance of implementing Integrated Service Centers and; verify how the adoption of non-violent communication and respect for constitutional guarantees, such as the right to memory and forgetfulness, in the search for truth, contribute to a lower incidence of revictimization among children and teenagers involved in this environment. The research has a qualitative, bibliographic and documentary nature, using written and digital material sources, such as scientific works already published and data on violence against children and teenagers. Regarding the achieved results, it was possible to verify a large increase in violations of the rights of children and teenagers throughout Brazil, going from 8.197 cases of non-lethal crimes in 2021, which includes all forms of violence, to 9.348 cases in 2022, a variation of 14%. The analysis of such data is extremely important to understand the phenomenon of violence against children and teenagers in Brazil. As well as having an impact on the development of public policies, programs and services that are appropriate and effective for confronting and combating violations of the Human Rights of this youth population. The importance of the procedures adopted in specialized listening and special testimony was demonstrated, as well as the implementation of Integrated Service Centers, as effective ways of preventing revictimization, therefore the relevance of Law nº 13.431/2017.