Vitimização secundária de crianças e adolescentes vítimas de abuso sexual intrafamiliar: uma discussão sobre a aplicação da Lei 13.431/2017

Abstract

This paper aims to analyze the revictimization of children and adolescents who are victims of intrafamilial sexual abuse within the Brazilian criminal justice system, with a focus on the protected hearing provided for in Law No. 13,431/2017. The research adopts a qualitative approach, based on bibliographic, legislative, and documentary review, in addition to the critical examination of official data. Initially, it explores the dynamics of primary and secondary victimization, demonstrating how sexual abuse committed within the family environment leaves deep and silent marks on victims, often perpetuated by the justice system itself. Next, the role of the criminal procedure is investigated, highlighting the importance of the special testimony as a protection instrument. Although it represents a normative advancement, the application of Law No. 13,431/2017 still faces significant obstacles, such as the lack of adequate infrastructure, the shortage of qualified professionals, and the low effectiveness of legal guarantees. The analysis shows that, even in the face of protective legislation, children and adolescents remain vulnerable to procedures that reproduce the violence initially suffered. It concludes that combating revictimization requires more than legal provisions: it demands institutional commitment to interdisciplinary practices, humanized listening, and continuous training of legal professionals, in order to ensure that the victim receives not only a voice, but also support and reparation