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
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Date
2021-05-10
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Universidade Católica do Salvador
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.
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Keywords
Revitimização, Sobrevitimização, Art. 234-B, Segredo de justiça, Sigilo processual, Crimes contra a dignidade sexual, Revictimization, Over-victimization, Article 234-B, Secrecy of justice, Procedural secrecy, Crimes against sexual dignity, Principle of openness