VULNERABILIDADE, DIREITOS HUMANOS E DIGNIDADE HUMANA COMO FUNDAMENTOS DA POSITIVAÇÃO DO DEPOIMENTO ESPECIAL

The present work is guided by the identification of the vulnerable in the criminal process and for the reasons that justify his inclusion in a protection system established, especially for his hearing, in the two phases of criminal prosecution, as a victim or witness of violence, without risk against balance between prosecution and defense. The Law n. 13.413/2017 integrates specialized listening and special testimony with the pre-existing protective system of the vulnerable, and in this step, the principle of the judge’s integrity, which guides the interception of the law to morals and social aspirations, contributes to the conclusion of strong value of victims and witnesses’ words as evidences of violence in the criminal process. There is identification of criminal offenses committed, recurrently, against vulnerable, due to age, proving indispensable the alignment between professionals of Law, Psychology and Social Work, concerning their respective competences and ethical limitations, joining efforts to, in stages of criminal prosecution, allow the disclosure of facts relevants to the Law, in accordance with the dignity of the minor and his best interests, as the Federal Constitution guarantees.