AÇÃO CAUTELAR DE PRODUÇÃO DE PROVA: UMA FORMA DE MITIGAR A REVITIMIZAÇÃO DAS CRIANÇAS E DOS ADOLESCENTES NOS PROCEDIMENTOS INFRACIONAIS

Abstract

Given the concerning data related to the exploitation and sexual abuse of children and adolescents in Brazil. The present research work extends to the analysis of Law 13.431/2017, known as the Protected Hearing Law, which aims to protect victims during the judicial process, avoiding re-victimization or victimization. This Law provides for procedures such as special testimony and specialized listening, conducted in an appropriate environment by trained professionals, aiming to avoid the repetition of trauma and preserve the dignity of the victims. The protective measures provided for in the Statute of the Child and Adolescent (ECA) and the challenges of implementing Law 13.431/2017, such as the lack of infrastructure and the insufficient training of the professionals involved, are also observed. Moreover, it highlights the importance of precautionary measures, such as the preemptive production of evidence, to protect the rights of victims and ensure a more humane process. However, it is emphasized that the effectiveness of these measures still faces obstacles, especially at the state level, as evidenced by the Court of Justice of Minas Gerais. Finally, the study concludes that, although the legislation represents a significant advance, there is a need for investments in training, infrastructure, and social awareness, as well as the full implementation of the Law is essential to ensure the comprehensive protection of children and adolescents, aligning the judicial system with the constitutional principles of dignity and protection of the fundamental rights of victims. Thus, with the full implementation of the law, it is essential to ensure the comprehensive protection of children and adolescents, aligning the judicial system with the constitutional principles of dignity and the protection of the fundamental rights of victims.