NEGLIGENCE OF STATE CARE WITH VICTIMS OF CRIME: THE PARADOX OF THE CONSTITUTION AND THE CONSTANT STRUGGLE TO MAKE FUNDAMENTAL RIGHTS EFFECTIVE FUNDAMENTAL RIGHTS

Abstract

The purpose of this work is to discuss state negligence in protecting victims of crimes, contrasting it with the constitutional guarantees of fundamental rights and the Democratic Rule of Law. Despite the vast advisory and protective framework provided for victims, both in Brazilian legislation and in several international treaties ratified by Brazil, the realization of victims' rights still faces significant obstacles. The analysis of emblematic cases in which the Brazilian State was condemned before the Inter-American Court of Human Rights, such as that of Maria da Penha, demonstrates the persistence of practices that violate fundamental human rights, access to justice and human dignity, foundation of the Federative Republic of Brazil and basic principle of the Federal Constitution of 1988. Therefore, this study seeks to strengthen institutions of protection and assistance to victims, so that the fundamental rights, inherent to their condition as citizens, receive affirmation and effectiveness by the State, especially in the investigation and trial processes of criminal offenses.