CHILDREN'S SEXUAL VIOLENCE IN THE INTRA-FAMILY SCOPE: THE INNOVATIONS OF THE LEGAL ORDER REGARDING THE HEARING WITH THE VICTIM ACCORDING THE NEW LAW 13.431/17

Abstract

We seek to analyze in the present article the sexual violence in the intra-family scope with respect to the innovations brought by Law 13.431/17. The restlessness of the research will be evidenced in the questioning: Was Law 13.431/17 important to improve the victim's hearing? As a general objective, we will verify the improvements brought by Law 13.431 / 17, with specific objectives: a) analyzing the full protection of the child in the legal system; b) conceptualize intra-family sexual violence; and c) verify the innovations brought by Law 13.431 / 17 in terms of the victim's statement. Therefore, for me the relevance of the topic is to deepen my knowledge regarding the improvements brought by Law 13.431 / 17, for society, with a legal framework, it is the duty of the State, the family and society to offer integral protection to children and adolescents, being fundamental knowledge of these innovations, for the academic / legal environment, Law 13.431 / 17, due to enter into force in 2018 needs to be disseminated in the scientific and legal community. The scientific article is eminently theoretical and qualitative approach. A review of the literature on child sexual violence within the family context with analysis in Law 13.431/17, based mainly on the authors, will be developed: Bretan (2012) and Faleiros (1998). Documentary research, especially in relation to Law 13.431/17, the Federal Constitution of 1988, the International Convention on the Rights of the Child and the Statute of the Child and Adolescent (ECA) [Estatuto da Criança e do Adolescente]. We conclude that Law 13.431 / 17 helps the legal order in the hearing of the victim, aiming to protect the physical and emotional integrity of the violated children.