O depoimento especial judicial de crianças e adolescentes vítimas de violência com deficiência auditiva no estado do Pará: comarcas de Belém, Ananindeua e Chaves

Abstract

The present research targets to analyze the Special Testimony of deaf children and teenagers in the Districts of Ananindeua, Belem and Chaves, in the State of Para. The right of being properly heard during a judicial or administrative process according to the degree of development of children and teenagers had been incorporated to Brazilian legal system since Decree No. 99.710/1990, which promulgated the Convention on the Rights of the Child. However, this right got effective twenty-seven years after the Convention’s reception, along with the promulgation of Law No. 13.431/2017, which, amongst other propositions, made obligatory the procedures of special testimony and specialized listening. Owing to the obligation on watching over the principles of equality and not-discriminating, this research aims to answer the following question: are the regulation and application of procedures about the listening of child and teenage victims, upon special testimony on judicial power in the State of Para – considering the districts Ananindeua, Belem and Chaves –, respecting the specific needs of deaf children and adolescents? Therefore, this research’s mean goals are to analyze if the regulation of Law No. 13.431/2017, on national level, as much as the rules and procedures applied by The Court of Justice of the State of Para, specifically over the districts of Ananindeua, Belem and Chaves, had been respecting the specific needs of deaf children and teenagers, and, in case of a negative answer, if this absence of adequacy could be considered an institutional violence, according to Law 13.431/2017, and discrimination due to disability, according to the Brazilian Law of Inclusion of the Disabled Person. On the procedures, the methodology is bibliographical, documentary and field; on its type, it is applied, because it aims to generate knowledge for the solution of a specific problem: the proper application of special testimony for deaf children and teenagers, respecting the fundamental human rights of victims who find themselves in this situation.