Considerações sobre a impossibilidade jurídica da acareação de crianças e adolescentes vítimas ou testemunhas de violência (original) (raw)

2023, Revista do CNMP - 11ª edição

The present paper dialogues with the article published on the 9th edition of CNMP Journal, that spoke about the impossibility of the coercive conduction of children and teenager, victims or witness of violence, on Brazilian criminal proceedings. On the same line, it aims to demonstrate that, by the warranty system of children and teenager victims or witnesses rights and the commands of the Law No. 13,341/2017, notably the articles No. 9 and 12, § 3rd, in addiction of not being possible the coercive conduction, equally it is not allowed either the confrontation with the alleged aggressor, under the risk of it characterizes unacceptable revictimization derived from an institutional violence. It is used the hypothetical-deductive method and, by the end, its concluded that the impossibility of confrontation is one more rule of procedure adaptation that allows the exercise of children and teenagers participation right and saves them of suffering in the course of the process.