O papel e a atuação da vítima no processo penal: lei Mariana Ferrer

Abstract

This study analyzed the role and participation of the victim in the Brazilian criminal justice system, focusing on the protection of human dignity and the impacts of Law No. 14,245/2021, known as the Mariana Ferrer Law. The research investigated the historical treatment given to victims by the criminal justice system, especially in crimes against sexual dignity, and examined the occurrence of secondary institutional revictimization during criminal proceedings. The study was grounded on the principle of human dignity as a structuring element of the Democratic Rule of Law, adopting as theoretical framework the contributions of Immanuel Kant, Ingo Wolfgang Sarlet, Luís Roberto Barroso, Luigi Ferrajoli, Aury Lopes Jr., and Eugênio Pacelli. The methodology adopted a qualitative approach, developed through bibliographic and documentary review, based on the analysis of legal doctrine, legislation, case law, and scientific studies related to victimology, fundamental rights, and victim protection in criminal proceedings. The Mariana Ferrer case was also examined as a paradigm of structural failures in the institutional treatment of victims of sexual violence. The results demonstrated that victims remained, for a long period, in a secondary position within criminal proceedings and were frequently subjected to exposure, embarrassment, and discredit, characterizing forms of institutional violence and secondary victimization. The study demonstrated that the Mariana Ferrer Law represented an important normative advance by establishing mechanisms aimed at protecting the victim’s dignity, especially by prohibiting offensive, humiliating, or disrespectful manifestations during judicial proceedings. It was concluded that the legislation contributed to strengthening the humanization of criminal proceedings and expanding the protection of victims’ fundamental rights, although its effectiveness still depends on the ethical conduct of legal professionals and on the consolidation of an institutional culture committed to human dignity.