O depoimento especial e a proteção da subjetividade de crianças e adolescentes em situação de violência sexual

Abstract

Historically, Special Deposition (SD) has been mandatory in Brazil since Law No. 13.431/17 came into force, which is based on the specification and organisation of the system ensuring the rights of children and adolescents who are victims or witnesses of violence. This study aimed to analyse SD as a technology to protect the subjectivity of children and adolescents in situations of sexual violence and how psychology can contribute to this process. The theoretical background and professional practice of the researcher supported and strengthened the bond with the subject to propose possibilities for action. The theoretical and methodological framework is anchored in historical and dialectical materialism, in the assumptions of qualitative epistemology and the field of Science, Technology and Society. The central categories of analysis adopted were subjectivity and the work. The method was developed using the following research tools: a documental analysis that enabled a longitudinal survey of the profile of rape in Brazil, a semi-structured questionnaire answered by 170 professionals from multi-professional teams, and a survey of the flow of assistance to children and adolescents who are victims of rape, from the first report to judicialisation. The instruments were subjected to a constructive and interpretative analysis in which the aim was to map the procedures and the perceptions of the teams regarding the SD. The relevance and originality of the subject lies in the importance of considering the process of development of human in court deposition procedures, innovating jurisdictional practice. The conclusion is that, historically, the SD procedure is a step forward in guaranteeing the rights of children and adolescents in situations of sexual violence. However, for effective social protection to be achieved, the dialectical, complex, and continuous relationship between the formation of individual/social subjectivity and the development process of thought and language from childhood onwards must be considered. It is expected that the results of this research will provide a basis for improving the system for protection of children and adolescents in situations of sexual violence and for subsidising research on the subject and the practices of psychology in the judicial system.