O Tribunal de Justiça do Estado do Pará e a proteção social de crianças abusadas sexualmente no Marajó

Abstract

This dissertation discusses the importance of children and adolescents being recognized as subjects of law, investigating, in the light of the Brazilian legal system, the performance of the Court of Justice of the State of Pará (TJEPA) and its position in cases of sexual violence. Judgments and decisions of vulnerable rape lawsuits handed down by Magistrates of this Court in the Breves and Salvaterra Comarcas, located in the Marajó Archipelago, Pará, between 2006 and 2019 are analyzed, as they concentrated most of the registered and distributed cases. in the region (28%). The work is from the research line Law, Public Policy and Human Rights of the Master in Law, Public Policy, Sustainable Regional Development and seeks to combine professional experience with academic activity, having the choice of the theme based on this experience as a magistrate. It starts with Axel Honneth's theory of recognition, which highlights the importance of the triad love, law and solidarity, and recognition is important for generating self-confidence, self-respect and self-esteem. If it is lacking, in either sphere, there is the disrespect that threatens the identity of the person in full. The research problem asks if the judgments of the magistrates in the Marajó counties contemplate recognition and refer victims of sexual abuse to specialized care. The methodological approach is predominantly a qualitative approach, and some quantitative analyzes were also performed. It also discusses theoretical, historical and legal aspects about children and adolescents, the importance of public policies and social protection to cope with sexual abuse of children and adolescents. One of the main conclusions of the study is that the judgments and decisions analyzed do not contemplate recognition or refer victims of sexual abuse to specialized care, and there is no social valuation of them. There is a belief that criminal prosecution is merely na instrument of punishment for the accused.