O depoimento infantil e as contribuições da Psicanálise a partir da lei nº 13.431/2017: um estudo bibliográfico

Abstract

The legislation 13.431/2017 allows specialized professionals (like psychologists, psychopedagogues and social workers) to collect statements, at the Judicial Forum, from children or adolescents who are victims or witnesses of abuse. The strategy, called Special Statement, aims to simplify the auditory process, avoiding the victim’s revictimization and their trauma revival. This research’s goal was to analyze the technological-scientific productions about this legislation, covering the meanings behind children statements as well as the ethical issues that surround mandatory auditory processes from children and adolescents, relating this to the necessity of proof production by the law and the psychological assistance through analytical listening. Through the research it became possible to track the abused child or adolescent’s course and their families’ through the health and protection system. In that process, emerges to the spotlight the tensions, conflicts, difficult language, hostile environments and the truths produced through children’s statements pierced by fear, fantasy and by adults’ possible influence. Psychanalysis, this research’s theoretical background, bases in supporting the subject’s psychological demands, elaborate the traumas and strengthen the psychic resources. The Law, with effective protection resources through the legal process accesses explicit demands from the violence scene. Both areas, when (and if) united, have potentially supportive and protective potentials. What is left is to define in what way this union is possible to the child and adolescent’s best interest.