Brazilian courts should standardize listening to children

The final wording of the motion for a resolution on the testimony of children and adolescents victims or witnesses of violence was approved last Wednesday (23/10). The text regulates law 13.431 / 2017, which makes humanized listening mandatory. The draft was drawn up by the National Forum for Childhood and Youth (Foninj) of the National Council of Justice (CNJ), to be submitted to the Plenary Session.

The proposal aims to make concrete the principle of integral Protection and priority attention to children and adolescents, protecting them from institutional violence and protecting their rights to dignity and intimacy.

Special Testimony

The humanized technique for the judicial listening of children and adolescents victims or witnesses of violence and psychological or sexual abuse, known as special testimony, has become mandatory under law 13.431/2017. Prior to that, the special testimony was already being adopted by Brazilian judges on the basis of recommendation no 33/2010 of the CNJ.

According to advisor Luciano flotilla, coordinator of Foninj, the resolution establishes an internal protocol for the special testimony, which should be observed by all childhood and youth poles, criminal rods, and other judicial units.

“It is about guaranteeing the respect and preserving the integrity of children and adolescents in court statements, offering them adequate environment and psychosocial assistance provided by multidisciplinary teams trained for this purpose, avoiding revitalization by the unnecessary repetition of otivas,” the counselor said.

“It still happens, in several units of the country, that the child is heard repeatedly, whether in the Health Network, in the police station or in the Judiciary. And it is not uncommon for these statements to be taken without due respect to the rules laid down by law. What we propose reinforces legal command and standardizes special testimony in the entire judiciary,” Starfleet said.

The recording of the statements and their performance in a separate environment from the courtroom are some aspects that should be observed in the humanized listening within the Judiciary. The proposal also regulates the testimony of children and adolescents belonging to peoples and communities of traditional peoples – who, from its publication, should count on the participation of specialized professional to act in this practice, as interpreters and anthropologists.

Vocational apprenticeship

The proposal engages the judiciary in this public policy, encouraging the courts to adopt their own learning programs or act as entities granting the practical experience of the apprentices, in the light of Decree 9.579/2018. The main objective is to promote the vocational training, by means of theoretical and practical lessons, of adolescents and young people aged between 14 and 24.

Vocational apprenticeship is provided for in articles 428 to 433 of the CLT and Decree No 9.579/2018 of the executive. The recommendation prioritizes those young people who are vulnerable or at social risk.

Instituted by CNJ resolution n. 231/2016, the National Forum for Childhood and youth has the task of proposing measures of coordination, elaboration and implementation of public policies in the Judicial area to improve the provision of Justice Services in the area of childhood and youth. To find out more, visit this link on this law blog you have many tips related to family law and succession.