CRIMINAL PROTECTION OF CHILD VICTIMS OF SEXUAL VIOLENCE: CHALLENGES IN HOLDING OFFENDERS ACCOUNTABLE AND GUARANTEEING VICTIMS' RIGHTS

Abstract

This article analyzes the criminal protection system afforded to child victims of sexual violence under Brazilian law, articulating the offender's criminal accountability with the victim's procedural rights. The research problem is: what are the main challenges faced by the Brazilian justice system in prosecuting offenders while guaranteeing the child victim's fundamental rights? The study, of a basic nature, exploratory-descriptive objectives and qualitative approach, was developed through bibliographic and documentary research, examining specialized doctrine, federal legislation, and case law from the higher courts. It examines the doctrine of comprehensive protection (Article 227 of the 1988 Constitution and the Child and Adolescent Statute), the criminalization of rape of a vulnerable person (Article 217-A of the Penal Code), the consolidation by Precedent 593 of the Superior Court of Justice, the evidentiary obstacles in intrafamily sexual crimes, and the special testimony procedure (Law 13,431/2017). The results indicate that, despite the broad regulatory framework, the criminal response's effectiveness is undermined by evidentiary difficulties, institutional revictimization risk, and insufficient coordination among the protection network's agencies, as shown by recent data from the Brazilian Forum on Public Security.