SPECIAL TESTIMONY AS EVIDENCE IN CASES OF RAPE OF A VULNERABLE PERSON: VICTIM PROTECTION AND EFFECTIVENESS IN THE CRIMINAL PROSECUTION OF THE ACCUSED

Abstract

The special testimony, established by Law No. 13,431/2017, plays a relevant role in proceedings involving the crime of statutory rape of a vulnerable person, provided for in Article 217-A of the Brazilian Penal Code. In cases of sexual violence against children and adolescents, protected hearing seeks to ensure the production of evidence in a humanized manner, avoiding revictimization and preserving the dignity of the victim, without disregarding the effectiveness of criminal prosecution and the procedural guarantees of the accused. Despite the existence of specific legal guidelines, challenges related to the practical application of the procedure still persist, especially regarding the technical training of professionals, the standardization of protocols, and the proper evaluation of the evidence produced. This research is justified by the need to critically analyze special testimony as a means of evidence in cases of statutory rape of vulnerable persons, considering both the victim’s integral protection and the effectiveness of state action in holding the accused accountable. A qualitative methodology is adopted through bibliographic, legislative, and jurisprudential review of the subject, aiming to understand the limits and possibilities of the institute within the contemporary criminal process. The study discusses whether special testimony is capable of ensuring victim protection without compromising the procedural guarantees of the accused, as well as how it contributes to the effectiveness of criminal prosecution. The hypothesis is that, when conducted in a technical, ethical, and humanized manner, the procedure contributes to the qualification of evidence, the reduction of revictimization, and the strengthening of the integral protection of children and adolescents who are victims of sexual violence, promoting greater legal certainty and effectiveness in state action in such cases.