Os parâmetros da Corte Interamericana como paradigmas de proteção eficiente nos crimes contra a dignidade sexual de crianças e adolescentes no Brasil

Abstract

The question of this research is how the parameters of the Inter-American Court of Human Rights can contribute to greater effectiveness in combating crimes against the sexual dignity of children and adolescents in Brazil. The general objective is to understand how international human rights law can improve the criminal justice system in dealing with these crimes in our country. To this end, a normative-legal study was carried out, using qualitative methodology with primary and secondary sources, with a view to gaining doctrinal and jurisprudential knowledge on the subject. Firstly, the phenomenon of sexual violence against children and adolescents in Brazil is analyzed, highlighting the evolution of legal protection and the criminal and procedural protection granted to victims of crimes against their sexual dignity. The characteristics of the legal asset in this type of crime are also addressed, which involves analyzing the distinction between the presumption of violence and the presumption of vulnerability and studying consent as a central element of these crimes. The indices and data from official surveys on this type of crime are also analyzed in order to arrive at the state of the art on the subject. The effects of protection under international human rights law on criminal law and criminal procedural law are studied, including the process of internationalization and the consequences of this. It also delves into the theory of duties of protection, the dual face of the principle of proportionality in the protection of human and fundamental rights and their constitutional and conventional protection through national and international criminalization mandates. The bases for effective criminal protection of crimes against the sexual dignity of children and adolescents in the inter-American system and in Brazil are also detailed. To this end, after a brief explanation of the Inter-American system for the protection of human rights, we move on to study the evolution of the Inter-American Court's jurisprudence on the control of conventionality. This development has made it possible to detail the effects of the regional court's decisions and to observe the establishment of interpretative standards that allow us to see that the control of conventionality is a real mechanism for implementing positive criminal procedural obligations in the Brazilian justice system, and can bring gains in effectiveness in the investigation and prosecution of crimes that affect the sexual dignity of children and adolescents.