LEI 13.431/2017: A (IN)VIABILIDADE DE APLICAÇÃO DO DEPOIMENTO ESPECIAL PERANTE A AUTORIDADE POLICIAL

Abstract

Protecting the rights of children and adolescents is a constant concern for society and the legal system. Specifically in cases of sexual violence and mistreatment, it is essential to ensure a sensitive and effective judicial process, avoiding the revictimization of these vulnerable individuals in society. Special Deposition emerges as an innovative tool to create a safe environment for the questioning of these victims. This Work aims to address the feasibility of applying Special Testimony before the police authority in the context of protecting the rights of children and adolescents. With the enactment of Law No. 13,431 in 2017, Brazilian legislation introduced this practice as part of a more sensitive approach to collecting statements from young victims of crimes. However, the implementation of Special Deposition before the police authority has faced significant challenges, ranging from the lack of adequate infrastructure to the lack of training of the professionals involved. This study's central objective is to analyze whether the application of Special Deposition in the police sphere has been viable, considering article 12 of Law No. 13,431/2017, which establishes guidelines for its application to become valid. The research will include a literature review, as well as analysis of case law and legal provisions. The study aims to contribute to the debate on the way in which the questioning of children and adolescents has been taking place in police stations, in order to propose suggestions for improvements to the effectiveness of applying special testimony in these environments, avoiding, as far as possible, the revictimization of this child and youth population.