A quebra do segredo de justiça nos crimes contra a dignidade sexual como instrumento de proteção às vítimas: uma análise acerca do Art. 234-B do código penal e da sua aplicação no ordenamento jurídico vigente

Abstract

The secrecy of justice determined by art. 234-B of the Penal Code has been applied as an absolute and inflexible norm based on the jurisprudential foundation that protection is intrinsic to proceedings that investigate sexual crimes. Such understanding has proven to be alien to the social and legislative context in force, especially in view of the intense revictimizing experience endured by any subject subject of sexual crimes, who are, in their majority, women. Through the study of pertinent legislation, doctrine and jurisprudence, as well as articles and legal books, an analysis of art. 234-B, of the aforementioned legal diploma and its particularities was carried out, with the objective of verifying the possibility of breaking secrecy, in the face of the express request of the victim qualified as a prosecuting assistant, in order to curb procedural violence. It was concluded that Article 234-B of the Criminal Code, when applied in an absolute and indiscriminate manner, contributes to worsening re-victimization and goes against constitutional values and principles.