Alternativas para o resgate da dignidade da vítima de crime sexual

Abstract

The present work, through Hegel's dialectical methodology, initially emphasizes the importance of protecting the legal good in crimes against sexual dignity, outlining the lines of criminal guaranty and the importance of the prohibition of insufficient protection. In this line, we investigate the participation of the victim of the criminal process throughout history, emphasizing its oscillations as protagonist. Under the accusatory system, the ownership of the criminal action was handed over to the victim, that is, there was a certain role. It should be noted that this thought generated an idea that the victim as a protagonist could generate private revenge and, in this scenario, before the rise of the Modern State, it was necessary to withdraw the victim of this prominence and a scene of a capture of the conflict by the State , pointing out that the duty and right to punish are his, not the victim, in a moment of neutralization of this, and consequent denial to the evidence. Nowadays, when studying the offended victim, victimization seeks means to highlight the victim, without, however, diminishing the importance of the defendant. In view of this scenario, the peculiarity of crimes against sexual dignity is traced, which leads to three stages of victimization, so that the victim's suffering does not end after the commission of the crime, which is only the first stage of victimization, but also persists in the face of the treatment accorded to offended persons by the responsible authorities, as well as the blame of the victim by society. This way, it seeks to rescue the dignity of victims, especially sexual crimes, with the presentation of proposals of different natures, considering the importance of multidisciplinary care and the feasibility of using alternative methods of conflict resolution in these crimes.