The effectiveness and legitimacy of the institute Special Testmony in Brazil and memory
Journal: International Journal of Advanced Engineering Research and Science (Vol.6, No. 6)Publication Date: 2019-06-02
Authors : Maria da Conceição Fonseca-Silva Luis Cláudio Aguiar Gonçalves Mario Henrique Cardoso Brito;
Page : 194-199
Keywords : Criminal Procedure; Memory; Testimony; Violence.;
Abstract
In this work, we analyze provisions of Law 13,431, from April 4, 2017, which instituted the so-called Special Testimony for the judicial hearing of children and adolescents victims or witnesses of violence, aimed at minimizing the psychological consequences of their participation in the production of oral evidences, as advised by the Federal Council of Psychology, through a technical note, in which it opposes to such procedure, considering that it contributes to the "revictimization" of children who are victims of violence. The main objective was to analyze the effectiveness and legitimacy of the institute, as a guarantor of the rights of these children and adolescents. The approach was interdisciplinary, oriented mainly by theoretical postulates of the fields of memory, psychoanalysis and discourse studies, from which we mobilized some operational concepts
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